municipal and district councils cap. 28:01 3 · chapter 28:01 municipal and district councils act...

LAWS OF GUYANA

Municipal and District Councils Cap. 28:01 3

CHAPTER 28:01

MUNICIPAL AND DISTRICT COUNCILS ACT

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

SECTION

1. Short title.

2. Interpretation.

PART II

CONSTITUTION OF COUNCILS

Municipal Council for the City of Georgetown

3. Continuation of municipal council for City.

4. Change of name of City Council.

5. Common seal.

6. Legal proceedings.

7. Extent of City.

8. Composition of City Council.

The Mayor and the Deputy Mayor

9. Mayor and Deputy to be elected.

10. Term of office of Mayor and Deputy.

11. Eligibility of Mayor and Deputy for re-election.

12. Convening of meeting to elect Mayor and Deputy.

13. Election of Mayor and Deputy.

14. Deputy to succeed Mayor on vacancy.

15. Election of Deputy on vacancy.

16. Vacancy in office of Mayor or Deputy.

17. Performance of Mayor‟s duties when unable to act.

18. Oath of office.

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4 Cap. 28:01 Municipal and District Councils

SECTION

19. Mayor and Deputy to be justices of the peace.

20. Leave of absence of Mayor and Deputy.

21. Mayor, the Deputy and City Councillors exempted from jury

service.

22. Remuneration of Mayor and Councillors.

The City Councillors

23. City Councillors to be elected.

24. Term of office of City Councillors.

Municipal Council for

the Town of New Amsterdam

25. Continuation of municipal council for Town.

26. Common seal.

27. Legal proceedings.

28. Extent of Town.

29. Composition of Town Council.


30. Application of sections 9 to 22.

31. Amendment of Third Schedule.

The Town Councillors

32. Town Councillors to be elected.

33. Term of office of Town Councillors.

Other Towns and District Councils

34. Constitution orders.

35. Election of other town councillors and application of sections 9 to

22 to towns.

36. District councils to be bodies corporate.

37. Common seal.

38. Composition and functions of district councils.

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SECTION

Chairman and Vice-Chairman

39. Application of sections 9 to 22.

District Councillors

40. District councillors to be elected.

41. Term of office of district councillors.

Provisions Common to all Councillors

42. Vacancy in office of councillor.

43. Signification and filling of vacancy.

44. Oath of office of councillor.

45. Leave of absence of councillors.

46. Failure to attend meetings.

47. Allowances of councillors.

48. Notification of address.

Miscellaneous

49. Accretions from the sea.

50. Resignation.

51. Validity of acts and proceedings.

52. Allocation of names to parts of council area.

PART III

MEETINGS AND PROCEEDINGS OF COUNCILS

Meetings

53. Councils to hold monthly meetings.

54. Extraordinary meetings.

55. Notice of meetings.

56. Chairman of meeting.

57. Quorum.

58. Decisions generally to be by majority.

59. Recording of votes.

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Committees

SECTION

60. Standing committees.

61. General and special committees.

62. Chairman of committee.

63. Appointment of non-councillors to committees.

64. Delegation to committees.

65. Proceedings of committees.

Records of Proceedings

66. Form of record.

67. Effect of record.

68. Inspection of record.

Joint Committees

69. Joint Committees.

Interest in Contracts

70. Disability for voting on account of interest in contracts.

Miscellaneous

71. Cessation of membership of committees.

72. Vacancies not to invalidate proceedings.

73. Standing Orders.

PART IV

LOCAL GOVERNMENT OFFICERS

74. Officers of City Council.

75. Officers of Town Council.

76. Officers of district councils.

77. Status, powers and duties of clerk.

78. Status, powers and duties of treasurer.

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SECTION

79. Emoluments and terms of service.

80. Allowances.

81. Pensions.

82. Group Pension Scheme.

83. Obligation of certain officers of City Council to insure.

84. Terms of insurance.

85. Policy to be in favour of town clerk.

86. Payment of premium and advances therefor.

87. Receipt and application of insurance moneys.

88. Policy to be transferred on retirement.

89. Provisions for officers failing to obtain insurance.

90. Penalty for neglect to insure.

91. Exemption from obligation to insure.

92. Security.

93. Accountability.

94. Interest in contracts.

95. Interest in markets.

96. Extortion.

Local Government Service Commission

97. Constitution.

98. Appointment of members.

99. Disqualification for appointment.

100. Oath of office.

101. Term of office.

102. Resignation.

103. Removal from office.

104. Vacancy.

105. Leave of absence.

106. Performance of chairman‟s duties.

107. Commission may act notwithstanding vacancies.

108. Protection for acts done in good faith.

109. Privilege of communications.

110. Annual report.

111. Secretary and staff.

112. Expenses.

113. Procedure.

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SECTION

114. Rules.

115. Improper influence.

116. False information.

117. Unauthorised disclosure.

Appointment of and Disciplinary Control

over Local Government Officers

118. Officers whose remuneration exceeds $18,000 per annum.

119. Officers whose remuneration does not exceed $18,000 per

annum.

120. Manner of exercise of disciplinary control.

121. Appeals.

122. Appointment of deputies.

123. Councillors disqualified for appointment.

124. Resignation.

125. Pensions not to be withheld without concurrence of Commission.

126. Pension rights of seconded public officers.

Town Constabulary

127. Establishment.

128. Composition.

129. Constabulary subject to direction of town clerk.

130. Oath of office.

131. Warrant card.

132. Uniform.

133. Duty to obey orders.

134. Disciplinary offences.

135. Standing and routine orders.

136. Disciplinary powers deemed to have been delegated.

137. Members of constabulary always on duty.

138. Duty to deliver up warrant and uniform on leaving service.

139. Powers.

140. Causing disaffection.

141. Threatening members.

142. Assaulting members.

143. Harbouring members.

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SECTION

144. Unauthorised wearing of uniform.

PART V

FINANCE

Accounts, Receipts and Expenditure

145. Financial year.

146. Financial regulations.

147. Books of account.

148. Revenues of council; general rate fund.

149. Loan Fund.

150. Moneys to be paid into approved bank.

151. Payment to be made under order signed by councillors.

152. Moneys received for special purposes.

Investments and Insurance

153. Investment of funds.

154. Insurance.

Estimates

155. Estimates of the City Council and the Town Council.

156. Annual report by the City Council and the Town Council.

157. Submission of estimates by town councils or district councils.

158. Approval of estimates of town councils or district councils.

159. Form of estimates.

160. Expenditure prior to approval of estimates.

161. Expenditure subsequent to approval.

162. Supplementary estimates.

163. Write off.

Grants

164. Grants.

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Loans

SECTION

165. Purposes for which money may be borrowed.

166. Application.

167. Mode of borrowing.

168. Issue of bonds.

169. Replacement of defaced bonds.

170. Replacement of lost bonds.

171. Charge upon revenues.

172. Repayment.

173. Temporary loans.

174. Charge of loan to head of expenditure.

175. Repayment of balance of loan.

176. Additional payments.

Audit

177. Accounts to be audited annually.

178. Notification of date of audit.

179. Deposit of accounts.

180. Unauthorised alteration of deposited accounts.

181. Notice of audit.

182. Financial statement.

183. Evidence at audit.

184. Powers of auditor.

185. Right of objection.

186. Disallowance and surcharge.

187. Auditor‟s report.

188. Notification of surcharge.

189. Council to consider report.

190. Right of appeal.

191. Power on appeal.

192. Application for relief.

193. Personal hearing.

194. Payment of sums due.

195. Recovery.

196. Charges of audit.

197. Costs of appeal.

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SECTION

198. Extraordinary audit.

199. Inspection.

200. Internal audit.

201. Interpretation.

PART VI

RATING

202. Rating area.

203. Rating authority.

204. Power to levy general rate.

205. Power to levy supplementary rate.

206. Rates to be at a percentage.

207. Reference to new valuation lists.

208. Date for fixing of rate percentage.

209. Publication of rate percentage.

210. State property.

211. Liability for payment of rates.

212. Right of recovery.

213. Exemption of certain properties.

214. Power to exempt owners of certain properties.

215. Due dates for payment of rates.

216. Demand notes.

217. Default in payment.

218. Interest on arrears.

219. Proceedings for recovery.

220. Remedies.

221. Distraint.

222. Parate execution.

223. Proof of amount due.

224. Error in proceedings for recovery.

225. Rates recoverable after rating period.

226. Preferential claims.

227. Rate record.

228. Amendment of rate record.

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PART VII

CONTRACTS

SECTION

229. Power to levy special rate.

230. Power to enter into contracts.

231. Notice inviting tenders.

232. Council contractors.

233. Acceptance of tenders.

234. Variation of tender procedure in cases of emergency.

235. Perishable goods.

236. Contracts with Government.

PART VIII

ACQUISITION OF AND DEALINGS IN LAND

237. Power to acquire land.

238. Power to appropriate land.

239. Power to let land.

240. Power to sell or exchange land.

Acquisition of Land by Compulsory Process

241. Notice to treat.

242. Compulsory acquisition.

243. Conversion of estates and interests into claims for compensation.

244. Validity of authorisations.

245. Power of court to adjust rights.

246. Notice to owner.

247. Registration of notification.

248. Notice of proposal to acquire.

249. Objections to proposed acquisition.

250. Reasons for proposed acquisition.

251. Appointment of inspector.

252. Holding of inquiry.

253. Submission of report to Minister.

254. Consolidation of objections.

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SECTION

255. Copy of report to be given to objector and council.

256. Reasons for decision to be given to objector.

Entry Upon Land

257. Power to examine land.

258. Compensation for damage.

Compensation

259. Adequate and prompt compensation for acquisition.

260. Right to apply to Court for compensation.

261. Agreement and arbitration.

Persons under Disability and Certain

Limited Owners

262. Powers of certain limited owners.

263. Exercise of powers.

General

264. Agreements to remain in possession.

265. Warrants to obtain possession.

266. Interpretation.

PART IX FUNCTIONS OF

COUNCILS Drainage and

Irrigation

267. Council drainage areas.

268. Responsibility of councils for council drainage areas.

269. Power to require owners in council drainage area to maintain

drainage works.

270. Power to require owners outside council drainage areas to repair

certain drainage works.

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SECTION

271. Contracts with owners of land.

272. Power of entry upon land for inspection.

273. Obstruction.

Roads

274. Power to construct council roads and control traffic.

275. Power to enter upon adjoining land.

276. Traffic control.

277. Authorised closure of road.

278. Private access to council roads.

279. Offences in relation to council roads.

280. Removal of injurious things.

Water Supplies

281. Town Council to supply water to Town.

282. Duty to provide connections.

283. Power of council in certain cases to supply water.

284. Charges; water rates.

285. Disconnection on default of payment.

286. Offences in connection with water supply.

Control of Animals

287. Power of council to control keeping of animals.

288. Power of councils to establish pounds.

289. Impounding of stray animals found on private property.

290. Impounding of stray animals found in public places.

291. Poundage moneys.

292. Duties of pound-keeper.

293. Offences by pound-keeper.

294. Sale of impounded animals.

295. Miscellaneous offences.

296. Animals which may be impounded.

297. Landing of cattle at City and Town.

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Burial Grounds

298. Power of council to establish burial grounds.

299. Unlawful interment.

Subdivision of Land

300. Restriction upon subdivision.

301. Certificate of clerk.

Miscellaneous Powers of Councils

302. Powers of City Council and Town Council.

(1) Council buildings.

(2) Residences for local government officers.

(3) Houses for necessitous persons.

(4) Hostels.

(5) Social Centres.

(6) Institutions for infants.

(7) Recreation grounds.

(8) Communal feeding centres.

(9) Camping grounds.

(10) Information centres.

(11) Fire Brigade and ambulances.

(12) Relief of necessitous persons.

(13) Educational Institutions.

(14) Scholarships and bursaries.

(15) Agriculture, arts and crafts.

(16) Education.

(17) Bands.

(18) Adornment of public places.

(19) Trees and flowers in public places.

(20) Overhanging trees.

(21) Dangerous buildings.

(22) Style of buildings.

(23) Marking of boundaries.

(24) Control of public places.

(25) Trespass in alleyways.

(26) Hackney carriages.

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SECTION

(27) Regulation of craft.

(28) Grazing of animals and cutting of wood.

(29) Grants to associations of local authorities.

(30) Publicity.

(31) Public Health services.

(32) Housing.

(33) Street lighting.

(34) Industrial enterprises and trading services.

(35) Fees, charges and licences.

(36) Expenditure.

(37) Stelling and landing places.

303. Powers of town councils and district councils.

PART X

BY-LAWS

304. Power to make by-laws.

305. Procedure.

PART XI

MISCELLANEOUS

306. Default powers.

307. Regulations.

308. Local enquiries.

309. Affirmation.

310. Exemption from stamp duty.

311. Publication of notices.

312. Service of documents.

313. Penalty for destroying notices.

314. Prosecutions and penalties.

315. Appearance of council in legal proceedings.

316. Name of council need not be proved.

317. Notice of proceedings.

318. Protection from personal liability.

319. Execution of transports by council.

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SECTION

320. Management of undivided property.

321. Letting of undivided lands.

FIRST SCHEDULE—Boundaries of the City of Georgetown.

SECOND SCHEDULE—Form of Oaths of Office.

THIRD SCHEDULE—Funds which may be placed at the Disposal of

the Mayor.

FOURTH SCHEDULE—Boundaries of the Town of New

Amsterdam.

FIFTH SCHEDULE—Standing Committees.

SIXTH SCHEDULE—Powers, Duties and Responsibilities of certain

Officers.

SEVENTH SCHEDULE—Warrant of Distress.

EIGHTH SCHEDULE—Regulations for the Holding of Local

Inquiries. APPENDIX—

Summons to witness.

__________

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CHAPTER 28:01

THE MUNICIPAL AND DISTRICT COUNCILS ACT

24 of 1969

Short title.

Interpretation.

[25 of 1973

11 of 1986]

An Act to make better provision for Local Government in the

City of Georgetown and the Town of New Amsterdam and in

other areas of Guyana.

[All sections, except sections 97 to 117, 28TH APRIL, 1970]

PART I

PRELIMINARY

1. This Act may be cited as the Municipal and District Councils Act.

2. In this Act—

“chairman” means the chairman of a district council;

“chief executive officer” means the chief executive officer of a district

council;

“City” means the City of Georgetown;

“City Council” means the municipal council in and for the City;

“City Councillor” means a councillor of the City Council;

“clerk” means—

(a) a town clerk;

(b) a chief executive officer;

“Commission” means the Local Government Service Commission

constituted by section 97;

“constitution order” means an order made pursuant to section 34;

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“costs” includes charges and expenses;

“council” means—

(a) the City Council;

(b) the Town Council;

(c) the council of a town established under section 34;

(d) a district council;

“council area” means the area administered by a council;

“council drainage area” means that part of a council area appointed

under section 267 to be a council drainage area;

“council pound” means a pound established by a council pursuant to

section 289;

“council road” means any highway or other road or street to which the

public has right of access in a council area other than a public road;

and any reference to a council road includes a reference to the

roadway, shoulders, verges, embankments, pedestrian walks,

cycle tracks, bridges, culverts, canals and drains on the line of the

road and connected therewith;

“councillor” means—

(a) a councillor of the City Council;

(b) a councillor of the Town Council;

(c) a councillor of a district council;

(d) a councillor of a town council established under section

34;

“Court” means the High Court;

“district” means a local government district;

“district council” means the council for a district;

“district councillor” means a councillor of a district council;

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“drainage work” means any reservoir, canal, trench, drain, culvert,

sluice, koker, koker runs or retaining walls of outfall channels,

aqueduct, weir, dam, lock, syphon, stop off, paal off, fence, bridge,

road, watch-house or building used for housing sluice operators,

rangers and pumping station attendants, which has been or which

may hereafter be made, erected, constructed or used for the

purpose of drainage or irrigation and includes any machinery or

power station used in connection with any of the foregoing;

“Judge” means a judge of the Court;

“land” includes a building and any other erection on, or an interest in,

land;

“local government office” means any office of emolument in the service

of a council;

“local government officer” means a person who is the holder of or who

is acting in a local government office;

“owner” means the person for the time being receiving the rent of the

lands, buildings or erections in connection with which the word is

used, whether on his own account or as agent or trustee for any

other person, or who would so receive that rent if the lands, houses,

buildings or erections were let at a rent and where the lands,

houses, buildings or erections are not let includes any person in

possession of the lands, houses, buildings or erections;

“pound-keeper” means—

(a) the pound-keeper of a council pound;

(b) a deputy or assistant pound-keeper;

“property” means any separate parcel of land, or any house or building

or other erection, where such parcel of land, house, building or

other erection is either owned or capable of being owned

separately;

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“public road” has the meaning assigned to the word “road” by section

2 of the Roads Act;

“qualifying date” means such date as may be appointed by the Minister

with reference to which a register of voters shall be compiled;

“rating period” means the financial year in respect of which a council

may make and levy a general rate;

“Registrar” means the Registrar of the Court;

“road material” means sand, shell, gravel, stone, rock, soil and similar

material used and useful for road purposes;

“Town” means the Town of New Amsterdam;

“Town Clerk” means the Town Clerk of the City Council or of the Town

Council or of a town council;

“Town Council” means the municipal council in and for the Town;

“town councillor” means a councillor of the Town Council or of a town

established under section 34;

„‟Treasurer” means—

(a) a municipal treasurer;

(b) a chief finance officer;

“valuation list” means a valuation list prepared under the Georgetown

(Valuation and Rating) Ordinance or the Local Government

(Valuation of Property) Ordinance, or the Valuation for Rating

Purposes Act, or any written law in substitution therefor;

“vehicle” means any device in, upon or by which any person or property

is or may be transported, drawn or pushed upon a road;

“vice-chairman” means the vice-chairman of a district council;

c. 51:01 1953 Ed.

Cap. 154

5 of 1959

c. 28:04

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“year” in Part II means a period of twelve months and in other Parts the

calendar year.

PART II

CONSTITUTION OF COUNCILS

Municipal Council for the City of Georgetown

Continuation

of municipal

council for

City.

[1 of 1860

44 of 1918

Cap. 152

1953 Ed.]

Change of

name of City

Council.

Common seal.

Legal proceed-

ings.

Extent of City.

First Schedule.

Composition

of City

Council.

3. Subject to this Act, the municipal council in and for the City of

Georgetown, established as one body politic and corporate by the

Georgetown Town Council Ordinance, 1860, by the name and style of

“The Mayor and Town Council of Georgetown” and continued by the

Georgetown Town Council Ordinance 1918, is hereby continued.

4. The City Council shall henceforth have the name and style of

“The Mayor and Councillors of the City of Georgetown”.

5. The City Council shall have and use a common seal, which shall

be approved by, and may be altered by, the council and which shall be

judicially noticed.

6. The City Council may sue and be sued by and in the name of “The

Town Clerk of Georgetown”.

7. (1) For the purposes of this Act, the City shall comprise all the

area specified in the First Schedule.

(2) The jurisdiction of the City Council shall extend to low water

mark of spring tides of the Demerara River and to all structures thereon.

8. (1) The City Council shall consist of the Mayor, the Deputy

Mayor and other councillors and shall have such functions as are vested

in it by or under this Act or any other law.

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(2) The number of councillors (including the Mayor and the

Deputy Mayor) shall be not less than twenty-five and not more than

thirty as may be prescribed by order of the Minister.


9. (1) The Mayor and the Deputy Mayor shall be elected annually

from amongst the persons entitled under subsection (2) to vote at their

election.

(2) The persons entitled to vote at the election of the Mayor and

Deputy Mayor shall be—

(a) if the year in which the election is held is also a year of

election of City Councillors, the persons who in that year have

been so elected, notwithstanding that their terms of office

have not commenced;

(b) in any other year, the City Councillors.

10. The term of office of the Mayor and that of the Deputy Mayor

shall, subject to this Act, be one year, commencing on the first day of the

month following upon their election but, the Mayor or Deputy Mayor

shall, notwithstanding the expiry of his term of office, continue to hold

office until his successor enters upon office and thereupon he shall

retire.

11. The Mayor and the Deputy Mayor in office on the day of election

of the Mayor and the Deputy Mayor for the ensuing year shall, if they

remain qualified to be elected, be eligible for re-election:

Provided that no person shall be eligible for re-election as Mayor if

on the day of the commencement of the term of office of the Mayor for

the ensuing year he will have filled that office for five terms in succession

unless any of those terms has been of less than six months‟ duration or

an interval of one year has elapsed since the expiration of his last term.

Mayor and

Deputy to be

elected.

Term of office

of Mayor and

Deputy.

[11 of 1986] Eligibility of

Mayor and

Deputy for re-

election.

[23 of 1983]

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Convening of

meeting to

elect Mayor

and Deputy.

[23 of 1983

11 of 1986]

c. 28:03

Election of

Mayor and

Deputy.

12. (l) The Town Clerk shall in each year which is a year of election

of City Councillors call, after the declaration under section 101 of the

Local Authorities (Elections) Act of the results of that election, a

meeting, to be held not later than the tenth day after such declaration, of

the persons elected thereat to be City Councillors and shall in any other

year, not later than the date of expiration of the term of office of the

Mayor and the Deputy Mayor then in office, call a meeting of the City

Councillors, for the purpose of electing the Mayor and the Deputy

Mayor for the ensuing year.

(2) The Town Clerk shall, not less than three days before a

meeting held pursuant to subsection (1), publish notice of the time and

place of the intended meeting and cause a copy thereof to be served

upon the persons elected to be City Councillors or upon the City

Councillors, as the case may require:

Provided that want of service of a copy of the notice shall not affect

the validity of the meeting.

13. (1) The election of the Mayor for the ensuing year shall be the

first business transacted at a meeting called pursuant to section 12 and

the election of the Deputy Mayor shall, subject to subsection (6), take

place immediately thereafter; and no other business shall be conducted

at the meeting except the appointment of members of the finance

committee of the City Council for the ensuing year and the appointment

of a day for the first ordinary meeting of the City Council in that year.

(2) The Town Clerk, shall, until the Mayor for the ensuing year

has been elected, preside at and shall determine any question arising at

the meeting during the election of the Mayor for the ensuing year but

shall not have any vote; and upon his election the person so elected shall

preside at and determine any such question and shall have a second or

casting vote.

(3) Every candidate for election as Mayor and Deputy Mayor

shall be proposed by a person who is entitled to vote at and who is present

at the meeting and shall be seconded by another such person.

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(4) If there is only one candidate for election as Mayor, the Town

Clerk shall declare that candidate to be elected; and if, the Mayor having

been elected, there is only one candidate for election as Deputy Mayor,

the Mayor for the ensuing year shall declare that candidate to be elected.

(5) If there are two or more candidates for election as Mayor, the

Town Clerk shall take the votes of the persons who are entitled to vote

at and are present at the meeting and shall declare the candidate who

secures the greatest number of votes to be elected; and, if, the Mayor

having been elected, there are two or more candidates for election as

Deputy Mayor, the Mayor for the ensuing year shall declare the

candidate who secures the greatest number of votes to be elected.

(6) If there is no election under subsection (5) on account of an

equality of votes the Town Clerk shall appoint a day not later than the

28th December in the same year for the election of the Mayor from

among such candidates by the voters whose names appear on the

register of voters for the time being in force for the City.

(7) The provisions of the Local Authorities (Elections) Act shall

in so far as they are not inapplicable thereto apply to the election of the

Mayor under subsection (6) as they apply to the election of councillors

under that Act.

(8) Where by reason of an equality of votes cast at the election

by the voters no person is elected Mayor the Minister shall select one

of the councillors receiving the greatest number of equal votes to be

Mayor.

(9) Any question whether any person has been validly elected to

be the Mayor or Deputy Mayor for the ensuing year shall be determined

by the Court in accordance with Part IV of the Local Authorities

(Elections) Act.

14. If a vacancy occurs in the office of Mayor prior to the retirement

of the holder at the expiration of his term of office, the Deputy Mayor

shall forthwith succeed to that office and shall, subject to the provisions

of this Act, hold that office for the unexpired portion of the term of the

person whom he succeeds, at the expiration of which he shall retire.

c. 28:03

Deputy to

succeed

Mayor on

vacancy.

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Election of

Deputy on

vacancy.

Vacancy in

office of

Mayor or

Deputy.

Performance of

Mayor‟s

duties when

unable to act.

15. (1) If a vacancy occurs in the office of Deputy Mayor prior to the

retirement of the holder at the expiration of his term of office, the Town

Clerk shall call a meeting of the council to elect a councillor to be Deputy

Mayor and the councillor so elected shall, subject to this Act, hold that

office for the unexpired portion of the term of office of the person whom

he succeeds, at the expiration of which he shall retire.

(2) Section 12(2) and section 13 shall, in so far as they are

applicable, apply to a meeting called under this section.

16. (1) A vacancy shall occur in the office of Mayor or Deputy

Mayor prior to retirement at the expiration of the term of office of the

holder if he—

(a) dies;

(b) resigns;

(c) ceases to be a councillor;

(d) does not, within fourteen days after the commencement

of his term of office take before the President the oath

prescribed for his office by section 18 unless his failure to take

such oath within the said period is for a reason approved by

the council.

(2) A vacancy shall occur in the Office of Deputy Mayor if the

holder thereof succeeds to the office of Mayor pursuant to section 14.

(3) A vacancy shall be deemed to occur in the office of Mayor

or Deputy Mayor during the term of office of the holder if the person

elected to be Mayor or Deputy Mayor for the ensuing year dies before

the commencement of his term of office.

17. (1) During any period when the Mayor is for any reason unable

to perform the functions of his office, those functions shall be assumed

and performed by the Deputy Mayor.

(2) If the Deputy Mayor is for any reason unable to perform the

functions of the office of Mayor in accordance with subsection (1), the

Town Clerk shall call a meeting of the councillors to elect a councillor

LAWS OF GUYANA


to perform those functions; and the councillor so elected shall assume

and perform those functions until such time as the Mayor or Deputy

Mayor, as the case may be, is able to act.

(3) Section 12(2) and section 13(3), (4) and (5) shall apply to a

meeting called under this section.

(4) Where at an election under subsection (2) two or more

councillors secure an equal number of votes the Minister shall direct

which of those councillors shall perform the functions of the office of

Mayor; and that councillor shall assume and perform those functions

until such time as the Mayor or Deputy Mayor, as the case may be, is

able to act.

(5) In the event of the Deputy Mayor or a councillor performing

the functions of the office of Mayor for seven consecutive days or more,

the Deputy Mayor or councillor, as the case may be, shall, during such

period, have at his disposal, in lieu of the Mayor, the funds placed at the

disposal of the said office in the manner specified for the payment of

such funds.

18. The Mayor and the Deputy Mayor shall, before performing any

of the functions of their respective offices, take before the President an

oath of office in the form set out in the Second Schedule.

19. The Mayor and the Deputy Mayor shall, by virtue of their offices,

be justices of the peace for the City but shall, before acting as such, take

the oaths required by law to be taken by such justices unless they are,

on the day on which they become entitled to act as Mayor or Deputy

Mayor, such justices have taken the oaths required by law to be taken

to act as such justices.

20. The City Council may grant leave of absence to the Mayor and

the Deputy Mayor for any period or periods not exceeding three months

in the aggregate during their terms of office.

Oath of office.

Second

Schedule.

Mayor and

Deputy to be

justices of the

peace. Leave of

absence of

Mayor and

Deputy.

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Mayor, the

Deputy and

City Council-

lors exempted

from jury

service.

Remuneration

of Mayor and

Councillors.

[11 of 1986]

Third

Schedule.

City Council-

lors to be

elected.

[11 of 1986]

c. 28:03

21. The Mayor, the Deputy Mayor, and City Councillors shall, during

their terms of office, be exempted from jury service.

22. (1) The City Council may in each financial year appropriate out

of the funds of the council a sum not exceeding in amount the sum

prescribed by Part I of the Third Schedule, to be placed at the disposal

of the Mayor in the manner set out in that Schedule.

(2) The City Council may in each financial year, with the

approval of the Minister, appropriate out of the funds of the Council a

sum to be utilised for the remuneration of councillors other than travelling

and subsistence expenses incurred in the course of duty, and may, with

such approval, determine what sum shall be payable to each councillor.

The City Councillors

23. (1) The City Councillors shall be elected in accordance with the

Local Authorities (Elections) Act and the City Council shall be a local

authority to which that Act applies and a local authority within the

meaning of that Act, and the Town Clerk shall be the Clerk of the local

authority for the purposes of that Act:

Provided that the interval between two elections of City Councillors

shall not exceed three years.

(2) Elections of City Councillors shall be held on such day as the

Minister may by order appoint under section 35 of the Local Authorities

(Elections) Act.

(3) The number of registered voters for the City who may, under

section 43 of the Local Authorities (Elections) Act, submit a list of

candidates, shall be not less than one hundred and not more than one

hundred and ten.

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(4) The amount of the personal expenses which may be incurred

under section 107(2) of the Local Authorities (Elections) Act by a

candidate at an election to the City Council, shall not exceed five hundred

dollars and the expenses which may be incurred under section 109(1) of

that Act by or on behalf of a group of candidates shall not exceed

fourteen thousand dollars.

24. Subject to this Act, the term of office of the City Councillors shall

be three years, commencing on the day following upon the declaration,

under section 101 of the Local Authorities (Elections) Act, of the

election results for the City:

Provided that the City Councillors shall—

(a) notwithstanding the expiry of their term of office,

continue to hold office until the day on which a meeting of the

City Councillors, elected at the next following election of City

Councillors, is held for the purpose of section 12;

(b) notwithstanding that their term of office has not

expired, vacate office on the day on which a meeting of the

City Councillors, elected at the next following election of City

Councillors, is held for the purposes of section 12.

Municipal Council for the town of

New Amsterdam

25. Subject to this Act, the municipal council in and for the Town of

New Amsterdam, established as one body politic and corporate by the

New Amsterdam Town Council Ordinance 1891 under the name and

style of “The Mayor and Town Council of New Amsterdam” and

continued by the New Amsterdam Town Council Ordinance 1916 and

by the New Amsterdam Town Council Ordinance 1949, is hereby

continued.

26. The Town Council shall have and use a common seal, which shall

be approved by, and may be altered by, the Council and which shall be

judicially noticed.

Term of office

of City

Councillors.

[11 of 1986]

Continuation

of municipal

council for

Town.

[8 of 1891

10 of 1916

25 of 1949]

Common seal.

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Legal

proceedings.

Extent of

Town.

Fourth

Schedule.

Composition

of Town

Council.

Application of

sections 9 to

22.

Third

Schedule.

Amendment of

Third

Schedule.

[17 of 1988]

27. The Town Council may sue and be sued in the name of “The

Town Clerk of New Amsterdam.”

28. (1) For the purposes of this Act, the Town shall comprise all the

area specified in the Fourth Schedule.

(2) The jurisdiction of the Town Council shall extend to low water

mark of spring tides of the Berbice River and to all structures thereon.

29. (1) The Town Council shall consist of the Mayor, the Deputy

Mayor and other councillors, and shall have such functions as are vested

in the council by or under this Act or any other law.

(2) The number of councillors (including the Mayor and the

Deputy Mayor) shall be not less than twelve and not more than fifteen

as may be prescribed by order of the Minister.


30. Sections 9 to 22 (inclusive) shall mutatis mutandis apply to the

Mayor and the Deputy Mayor of the Town of New Amsterdam as they

apply to the Mayor and the Deputy of the City of Georgetown and the

said provisions shall have effect as if—

(a) references to the City Council and to the City

Councillors were respectively references to the Town

Council and the Town Councillors; and

(b) in section 22 there were substituted the words and

figures “Part II of the Third Schedule” for the words and

figures “Part I of the Third Schedule”.

31. The Minister may by order amend the Third Schedule.

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The Town Councillors

32. (1) The Town Councillors shall be elected in accordance with the

Local Authorities (Elections) Act and the Town Council shall be a local

authority to which that Act applies and a local authority within the

meaning of that Act and the Town Clerk shall be the clerk of the local

authority for the purposes of that Act:

Provided that the interval between two elections of Town

Councillors shall not exceed three years.

(2) Elections of Town Councillors shall be held on such day as the

Minister may by order appoint under section 35 of the Local Authorities

(Elections) Act.

(3) The number of registered voters for the Town who may,

under section 43 of the Local Authorities (Elections) Act submit a list of

candidates shall be not less than fifty and not more than sixty.

(4) Section 22(2) shall mutatis mutandis apply to the Town

Councillors as they apply to the City Councillors, and the said provisions

shall have effect as if the reference therein to the City Council were a

reference to the Town Council.

(5) Section 23(3) shall mutatis mutandis apply to an election to

the Town Council as they apply to an election to the City Council.

33. Subject to this Act, the term of office of the Town Councillors

shall be three years, commencing on the day following upon the

declaration, under section 101 of the Local Authorities (Elections) Act,

of the election results of the Town:

Provided that the Town Councillors shall—



Town Councillors, elected at the next following election of

Town Councillors, is held for the purpose of section 12 read

with section 30;

Town

Councillors to

be elected.

[11 of 1986]

c. 28:03

Term of office

of Town

Councillors.

[11 of 1986]

LAWS OF GUYANA




Town Councillors, elected at the next following election of

Town Councillors, is held for the purposes of section 12 read

with section 30.

Other Towns and District Councils

Constitution

orders.

34. (1) Subject to negative resolution of the National Assembly, the

Minister shall have power, by order, to establish—

(a) towns;

(b) local government districts,

and there shall be for each town or district so established a town council

or district council, as the case may be.

(2) A constitution order in respect of a town shall prescribe or

provide for—

(a) the name of the town and its boundaries;

(b) the name of the council for the town;

(c) the number of councillors.

(3) A constitution order in respect of a district shall prescribe or

provide for—

(a) the name of the district and its boundaries;

(b) the name of the council for the district;

(c) subject to section 38 the number of councillors;

(d) the sum which under section 39 may be placed at the

disposal of the chairman;

(e) the standing committees to be appointed and maintained

by the council;

(f) local government officers for the purposes of paragraph

(c) of section 76;

(g) under section 304, which of the functions of a council set

out in section 303 the council is authorised to perform.

LAWS OF GUYANA


(4) A constitution order may prescribe or provide for such other

matters as appear to the Minister to be necessary or expedient for or

incidental to the establishment of a town or a district and the constitution

of the council thereof.

(5) Without prejudice to the construction of any other provision

of this Act in accordance with the provisions of section 26 of the

Interpretation and General Clauses Act, a constitution order may be

from time to time varied or amended by order of the Minister.

35. (1) The town councillors of town councils constituted under

section 34 shall be elected in accordance with the Local Authorities

(Elections) Act and every town council is a local authority to which that

Act applies and a local authority within the meaning of that Act and the

Town Clerk shall be the clerk of the local authority for the purposes of

that Act:

Provided that the interval between two elections of town councillors

of any such town council shall not exceed three years.

(2) Elections of town councillors of any town council constituted

under section 34 shall be held on such day as the Minister may by order

appoint under section 35 of the Local Authorities (Elections) Act.

(3) The number of registered voters for a town who may, under



(4) Subject to this Act, the term of office of town councillors shall

be three years commencing on the day following upon the declaration,

under section 101 of the Local Authorities (Elections) Act, of the

election results of the town:

Provided that the town councillors shall—



town councillors, elected at the next following election of

c. 2:01 Election of

other town

councillors and

application of

sections 9 to

22 to towns.

[25 of 1973

11 of 1986]

c. 28:03

LAWS OF GUYANA


town councillors, is held for the purpose of section 12 read

with subsection (4);



town councillors, elected at the next following election of

town councillors, is held for the purposes of section 12 read

with subsection (4).

(5) Sections 9 to 22 (inclusive) mutatis mutandis apply to the

Mayor and the Deputy Mayor of a town and town councillors as they

apply to the Mayor and the Deputy Mayor of the City of Georgetown

and the City Councillors and those provisions shall have effect as if—

(a) references to the City Council and to City Councillors

were respectively references to the town council and the

town councillors;

(b) in section 22 there were substituted the words “the

constitution order” for the words “Part I of the Third

Schedule.”

District

councils to be

bodies

corporate.

Common seal.

Composition

and functions

of district

councils.

36. A district council shall be a body corporate by the name of the

council prescribed by the constitution order.

37. A district council shall have and use a common seal which shall

be approved by the council and which shall be judicially noticed.

38. (1) A district council shall consist of the chairman, the vice-

chairman and other councillors, and shall have such functions as are

vested in the council by or under this Act or any other law.

(2) The number of councillors (including the chairman and the

vice-chairman) shall be such number, being not less than nine and not

more than eighteen, as may be prescribed by the constitution order.

LAWS OF GUYANA


Chairman and Vice-Chairman

39. The provisions of sections 9 to 22 (inclusive) mutatis mutandis

apply to the chairman and the vice-chairman as they apply to the Mayor

and the Deputy Mayor of the City of Georgetown and the said provisions

shall have effect as if—

(a) references to the Mayor and Deputy Mayor were

respectively references to the chairman and the vice-

chairman;

(b) references to the City Council and to the City

Councillors were respectively references to the district

council and the district councillors;

(c) references to the Town Clerk were references to the

chief executive officer; and

(d) in section 22 there were substituted the words “the

constitution order” for the words “Part I of the Third

Schedule”.

District Councillors

40. (l) The district councillors shall be elected in accordance with

the Local Authorities (Elections) Act at elections held every three years

during the period commencing on 1st November and ending on 7th

December and every district council shall be a local authority to which

that Act applies and a local authority within the meaning of that Act and

the chief executive officer shall be the clerk of the local authority for the

purposes of that Act.

(2) The number of registered voters for a district who may, under



(3) The amount of the personal expenses which may be incurred

under section 107(2) of the Local Authorities (Elections) Act by a

candidate at an election to a district council shall not exceed five hundred

dollars and the expenses which may be incurred under section 109(1) of

that Act by or on behalf of a group of candidates shall not exceed three

thousand dollars.

Application of

sections 9 to

22. District

councillors to

be elected.

c. 28:03

LAWS OF GUYANA


Term of office

of district

councillors.

c. 28:03

Vacancy in

office of

councillor.

Signification

and filling of

vacancy.

Oath of office

of councillor.

Second

Schedule.

Leave of

absence of

councillors.

41. Subject to this Act the term of office of district councillors shall

be three years, commencing on the 1st day of January after the

declaration, under section 101 of the Local Authorities (Elections) Act,

of the election results for the district.

Provisions Common to all Councillors

42. A vacancy shall occur in the office of councillor prior to the

retirement of the holder at the expiration of his term of office if he—

(a) dies;

(b) being an elected councillor, is not qualified to be elected;

(c) is disqualified for being or is disqualified from continuing

to be a councillor;

(d) resigns;

(e) does not, within seven days of the commencement of his

term of office, take before the clerk the oath prescribed for

his office by section 44, unless his failure to take such oath

within the said period is for a reason approved by the council;

(f) is elected a member of the National Assembly.

43. (1) Whenever a vacancy occurs in an office of councillor, the

clerk shall report the same at the next meeting of the council and publish

notice thereof.

(2) Where a vacancy occurs in the office of a councillor the

provisions of section 103 of the Local Authorities (Elections) Act shall

apply to the filling of the vacancy; and the person (if any) so filling the

vacancy shall hold office for the unexpired portion of the term of office

of the councillor whom he succeeds.

44. No councillor shall take part in the proceedings of a council or of

a committee thereof until he has taken before the clerk the oath

prescribed for his office in the form set out in the Second Schedule.

45. (1) A council may grant leave of absence to a councillor for any

period or periods not exceeding nine months in the aggregate during his

term of office.

LAWS OF GUYANA


(2) In a case of urgency the powers of a council under this section

may be exercised by the Mayor or the chairman as the case may require

and the Mayor or the chairman shall report to the council at the next

meeting any leave granted by him under this section.

46. Any councillor who, without first having obtained leave of

absence, absents himself from three consecutive ordinary meetings of

the council or of any committee with executive authority or of any

standing committee thereof of which he is a member, or fails to attend

any meeting of the council or of any such committee for a period of two

months whichever period is the longer, shall become disqualified from

continuing to be a councillor.

47. A council may pay to councillors reasonable travelling and

subsistence allowances at such rates as may be determined by the

council with the approval of the Minister, in respect of expenses incurred

by them in the course of or by reason of their performing their official

duties.

48. Every councillor shall furnish the clerk with an address to which

all notices shall be forwarded and shall notify him of any change of such

address.

Miscellaneous

49. Every accretion from the sea, whether natural or artificial and

any part of the foreshore to low water mark shall, for the purposes of

this Act, form part of the council area which such accretion or part of

the foreshore adjoins.

50. (l) The holder of any office to which this section applies may at

any time resign that office by writing signed by him and delivered to the

clerk of the council in which he holds such office.

(2) This section shall apply to the offices of Mayor, Deputy

Mayor, chairman, vice-chairman and councillor.

Failure to

attend

meetings.

Allowances of

councillors.

Notification of

address.

Accretions

from the sea.

Resignation.

LAWS OF GUYANA


Validity of

acts and

proceedings.

Allocation of

names to parts

of council area.

Councils to

hold monthly

meetings.

Extraordinary

meetings.

Notice of

meetings.

51. The acts and proceedings of any person elected to any office

specified in section 50(2) and performing the functions of that office

shall, notwithstanding his want of qualification or disqualification, be as

valid and effectual as if he had been qualified.

52. A council may allocate to any part of its council area such name

or description as it sees fit, and may alter or vary any such name or

description.

PART III

MEETINGS AND PROCEEDINGS OF COUNCILS

Meetings

53. A council shall hold not less than one ordinary meeting every

month for the transaction of general business; and such meetings shall

be held at such hours and on such days as the council decides or by

standing order determines.

54. (l) The Mayor and the chairman may call an extraordinary

meeting of the council at any time.

(2) If the Mayor or the chairman, as the case may be, refuses to

call an extraordinary meeting after a requisition for that purpose signed

by not less than one-third of the whole number of the councillors in office,

has been presented to him, or if without so refusing, he does not call a

meeting within three days after such request has been presented to him,

the clerk shall forthwith call a meeting.

(3) When a requisition is made under subsection (2), a copy

thereof shall be delivered at the same time to the clerk.

55. (1) Not less than three days before any meeting of the council or

not less than such shorter period as may be authorised by the Mayor or

the chairman before an extraordinary meeting if he is satisfied that the

urgency of the business to be transacted is such that a lesser period is

LAWS OF GUYANA


justified, a notice of the time and place of the intended meeting signed

by the clerk shall be published and a copy thereof, accompanied by the

agenda, shall be served on every councillor:

Provided that want of service of a copy of the notice or of the

agenda on any councillor shall not affect the validity of a meeting.

(2) Except in the case of business required by this Act to be

transacted at a meeting, no business shall be transacted at a meeting

other than that set out in the agenda.

56. (1) Except as is otherwise provided in this Act the Mayor or the

chairman or in his absence the Deputy Mayor or the vice-chairman shall

preside at a meeting of a council.

(2) If both the Mayor and Deputy Mayor or both the chairman

and the vice-chairman are absent from the meeting, such other

councillor as may be chosen by the councillors present shall preside and

shall have the same powers as the Mayor or the chairman when

presiding at a meeting.

57. No business shall be transacted at a meeting of a council unless

at least one-third of the whole number of the councillors in office is

present.

58. (1) Except as is otherwise provided by this Act or by any other

law, all acts of a council and all questions coming or arising before a

council shall be done and decided by a majority of councillors present and

voting thereon at a meeting.

(2) A councillor presiding at a meeting shall, in the case of an

equality of votes, have a second or casting vote.

(3) Except with the consent of two-thirds of the councillors

present, no motion to rescind a motion passed within the preceding six

months and no motion to the same effect as any motion which has been

negatived by the council within the preceding six months shall be

Chairman of

meeting.

Quorum.

Decisions

generally to be

by majority.

LAWS OF GUYANA


considered at any meeting of a council; and no such motion shall be

passed except upon the vote of a majority of at least two-thirds of the

councillors in office.

(4) A motion to suspend the standing orders may be made at any

meeting of a council without notice and shall be voted upon without

debate, but no such motion shall be passed except upon the vote of a

majority of at least two-thirds of the councillors present and voting.

Recording of

votes.

Standing

Committees.

Fifth Schedule.

General and

special

committees.

Chairman of

committee.

Appointment

of non-

councillors to

committees.

59. On the requisition of any councillor present at a meeting of a

council, the voting on any question shall be recorded by the clerk so as

to show whether each councillor present gave his vote for or against that

question.

Committees

60. (l) The City Council shall appoint and at all times maintain the

standing committees specified in Part I of the Fifth Schedule.

(2) The Town Council shall appoint and at all times maintain the

standing committees specified in Part II of the Fifth Schedule.

(3) A district council shall appoint and at all times maintain the

standing committees prescribed by the constitution order of its district.

61. A council may appoint general or special committees for any

such general or special purpose as in the opinion of the council would be

better regulated and managed by means of a committee; and any such

standing committees.

62. A council may appoint councillors to be the chairman and the

vice-chairman of a committee.

63. A committee of a council may include persons who are not

councillors but who because of their special skill or experience will, in

the opinion of the council, be able to assist in the consideration of the

work of the committee:

Provided that—

LAWS OF GUYANA


(a) at least two-thirds of the members of every committee

shall be councillors;

(b) no person other than a councillor shall be chairman or

vice-chairman of a committee;

(c) no person other than a councillor shall be a member of

either of the Finance committees mentioned in Schedule 5 or

of a committee prescribed by a constitution order.

64. (l) A council may delegate to a committee with or without

restrictions or conditions any functions exercisable by the council except

the power of levying rate or borrowing money.

(2) Unless authorised either generally or specifically by the

council, a committee shall not have power to enter into any contract.

65. Subject to this Act and standing orders made under section 73, a

committee may regulate its own procedure.

Records of Proceedings

66. A council shall cause to be kept a record of the proceedings of

all meetings of the council and of the committees thereof, which record

shall be in the form of minutes or such other form as may be prescribed

by standing orders made under section 73; and such minutes or other

record if confirmed shall be signed at the next meeting of the council or

of the committee, as the case may be, by the person presiding thereat,

and any minute or any such other record purporting to be so signed shall

be received in evidence in legal proceedings without further proof.

67. Until the contrary is proved, a meeting of a council or of a

committee thereof in respect of the proceedings of which a minute or

other record has been kept and signed in accordance with section 66

shall be deemed to have been duly convened and held, and all members

present at the meeting shall be deemed to have been duly qualified; and

where the proceedings are proceedings of a committee, the committee

shall be deemed to have been duly constituted and to have had power

to deal with the matters referred to in the minutes or other record.

Delegation to

committees.

Proceedings of

committees.

Form of

record.

Effect of

record.

LAWS OF GUYANA


Inspection of

record.

Joint commit-

tees.

Disability for

voting on

account of

interest in

contracts

68. The confirmed minutes or other record of a meeting of a council

or of a committee thereof shall be open at all reasonable hours to the

inspection of councillors and members of committee free of charge.

Joint Committees

69. (1) A council may concur with one or more councils in forming

from among their respective councils a joint committee for any purpose

in which they are jointly interested and may delegate any of the functions

of the council relating to the purpose for which the joint committee is

formed, except the power of levying a rate or borrowing money.

(2) The expenses incurred by a joint committee shall be defrayed

by the councils by which the committee is appointed in such proportions

as may be agreed.

(3) The accounts of a joint committee shall be made up to the end

of the financial year and shall be subject to audit in like manner as the

accounts of a council.

(4) A joint committee may regulate its own procedure.

Interest in Contracts

70. (1) If any councillor has any pecuniary interest, direct or indirect,

in any contract (which in this section shall include a proposed contract)

or other matter, and is present at a meeting of a council or committee at

which the contract or other matter is the subject of consideration, he

shall, at the meeting as soon as practicable after the commencement

thereof, disclose the fact, and shall not take part in the consideration or

discussion of, or vote on any question with respect to, the contract or

other matter:

Provided that this section shall not apply to an interest in a contract

or other matter which a councillor may have as a ratepayer or inhabitant

of the council area, or as an ordinary consumer of electricity or water,

or to an interest in any matter relating to the terms on which the right to

participate in any service including the supply of goods, is offered to the

public.

LAWS OF GUYANA


(2) For the purposes of this section, a councillor shall be deemed

to have an indirect pecuniary interest in a contract or other matter if—

(a) he or any nominee of his is a member of a company or

other body with which the contract is made or is proposed to

be made or which has a direct pecuniary interest in the other

matter under consideration; or

(b) he is a partner, or is in the employment of a person with

whom the contract is made or is proposed to be made or who

has a direct pecuniary interest in the other matter under

consideration.

(3) Where a councillor has indirectly a pecuniary interest in a

contract or other matter and would not fall to be treated as having such

an interest but for the fact that he has a beneficial interest in shares of

a company or other body, then, if the total nominal value of those shares

does not exceed five hundred dollars so much of subsection (1) as

prohibits him from taking part in the consideration or discussion of, or

from voting on any question with respect to, the contract or other matter

shall not apply to him, without prejudice, however, to the duty of

disclosure imposed by subsection (1).

(4) In the case of married persons living together, the interest of

one spouse shall, if known to the other, be deemed for the purposes of

this section to be also an interest of that other spouse.

(5) A general notice given in writing to the clerk by a councillor

to the effect that he or his spouse is a member of or in the employment

of a specified company or other body, or that he or his spouse is a partner

or in the employment of a specified person, shall, unless and until the

notice is withdrawn, be deemed to be a sufficient disclosure of his

interest in any contract or other matter relating to that company or other

body or to that person which may be the subject of consideration after

the date of the notice.

(6) The clerk shall record in a book to be kept for the purpose

particulars of any disclosure made under subsection (1) and of any

notice given under subsection (5), and the book shall be open at all

reasonable hours to the inspection of any councillor.

LAWS OF GUYANA


(7) If any councillor fails to comply with subsection (1), he shall

be guilty of an offence, unless he proves that he did not know that a

contract or other matter in which he had a pecuniary interest was the

subject of consideration at the meeting.

(8) A prosecution for an offence under this section shall not be

instituted except with the consent of the Director of Public Prosecutions.

(9) The City Council, as respects a City Councillor, the Town

Council, as respects a Town Councillor and the Minister, as respects a

district councillor may, subject to such conditions as the council or the

Minister, as the case may be, may think fit to impose, remove any

disability imposed by this section in any case in which the number of

councillors so disabled at any one time would be so great a proportion

of the whole number of councillors as to impede the transaction of

business, or in any other case in which it appears to the Council or the

Minister, as the case may be, that it is in the interests of the inhabitants

of the council area that the disability should be removed.

(10) A council may by standing orders provide for the exclusion

of a councillor, not being a councillor whose disability has been removed

under the foregoing provisions of the section, from a meeting of the

council or any committee whilst any contract, proposed contract or other

matter in which he has such an interest as aforesaid is under

consideration.

(11) In this section—

“committee” means—

(i) a committee of a council;

(ii) a joint committee formed under section 69;

“councillor” includes a member of a committee who is not a councillor;

“shares” includes stock and “share capital” shall be construed

accordingly.

LAWS OF GUYANA


Miscellaneous

71. Every councillor who is a member of a committee of a council or

of a joint committee formed under section 69 shall, upon ceasing to be

a councillor also cease to be a member of the committee or the joint

committee, as the case may be.

72. The proceedings of a council, or of a committee thereof, or of a

joint committee formed under section 69 shall not be invalidated by any

vacancy among its number or by any defect in the election, nomination,

appointment or qualification of any member thereof.

73. Subject to this Act, a council may make standing orders for the

regulation of the proceedings and business of the council and of the

committees thereof.

PART IV

LOCAL GOVERNMENT OFFICERS

74. There shall be for the City Council the following local government

officers, namely—

(a) a town clerk;

(b) a municipal treasurer;

(c) a city engineer;

(d) a medical officer of health;

(e) a clerk of markets;

(f) such other officers as the council deems necessary for

the performance of its functions under this Act, the Public

Health Ordinance or any other law.

75. There shall be for the Town Council the following local

government officers, namely—

(a) a town clerk;

(b) a municipal treasurer;

(c) an engineer of electricity and water works;

(d) a clerk of the market;

Cessation of

membership of

committees.

Vacancies not

to invalidate

proceedings.

Standing

Orders.

Officers of

City Council.

Cap. 145

1953 Ed.

Officers of

Town Council.

LAWS OF GUYANA


Cap. 145

1953 Ed.

Officers of

district

councils.

Cap. 145

1953 Ed.

Status, powers

and duties of

clerk.

Sixth Schedule.

(e) a health officer;

(f) such other of officers as the council deems necessary

for the performance of its functions under this Act, the Public


76. There shall be for every district council the following local

government officers—

(a) a chief executive officer;

(b) a chief finance officer;

(c) such other officers as are prescribed by the constitution

order;

(d) such other officers as the council deems necessary for

the performance of its functions under this Act, the Public


77. (1) The clerk shall be the chief administrative officer of the

council of which he is the clerk and shall have the general responsibility

of co-ordinating the whole of the work of the council.

(2) In the discharge of the functions of his office the clerk shall

have all the powers and duties conferred and imposed upon the clerk by

or under this Act or any other law, and, in particular, but without

prejudice to the generality of the foregoing, he shall have the powers and

duties assigned to him by and be responsible for the matters specified in

Part I of the Sixth Schedule, and such other duties as may be assigned

to him by the council of which he is the clerk.

(3) The clerk or other officer authorised in writing by the clerk

may, subject to the general or specific directions of the council, exercise

the powers of the council, and all acts done by the clerk or such officer

in the exercise of those powers shall be deemed to have been done by

the council.

(4) The clerk shall have power to administer all oaths required to

be administered by him under this Act.

LAWS OF GUYANA


78. (1) The treasurer shall be the chief financial officer of the council

of which he is the treasurer and shall be primarily charged with the

general responsibility for all matters of finance and accounts of the

council.

(2) In the discharge of the functions of his office the treasurer

shall have all the powers and duties conferred and imposed upon the

treasurer by this Act or any other law, and in particular, but without

prejudice to the generality of the foregoing, he shall have the power and

duties assigned to him by, and be responsible for the matters specified

in Part II of the Sixth Schedule, and such other duties as may be assigned

to him by the council of which he is the treasurer.

79. (1) The emoluments and other terms of service of local

government officers shall be determined by the council in which they are

serving.

(2) A council may assign duties to a local government officer in

its service and such local government officer shall faithfully perform and

discharge all such duties.

80. A council may pay to local government officers in its service

reasonable allowances at rates determined by the council in respect of

expenses incurred by them in the course of or by reason of their

performing their official duties.

81. (1) A council may grant and pay pensions, gratuities, premiums

and other like allowances to local government officers on their

retirement from the service of the council, and, where any officer dies

while in the service of the council, to the widow of the deceased officer

for the benefit of herself and his children (if any), or to the mother of the

deceased officer, or to the persons selected by the council in its absolute

discretion for the benefit of the widow and children, or of the mother, as

the council deems desirable; and in the event of the officer leaving

neither widow nor child nor mother, then the council shall pay the

pension, premium or other like allowance to his heirs, executors or

administrators.

Status, powers

and duties of

treasurer.

Sixth Schedule.

Emoluments

and terms of

service.

Allowances.

Pensions.

LAWS OF GUYANA


(2) The grant of pensions, gratuities, premiums and other like

allowances under this section shall be in accordance with the conditions

and rules, and shall not exceed the amount of like benefits, for the time

being prescribed by law in the case of public officers.

(3) In this section “local government officer” does not include a

weekly or daily paid employee who is a member of a scheme instituted

pursuant to section 82.

Group Pension

Scheme.

c. 98:01

Obligation of

certain officers

of City

Council to

insure.

82. (1) A council may institute a Contributory Group Pension

Scheme and Group Life Plan (hereinafter together referred to as “the

scheme”) for the benefit of its weekly and daily paid employees and the

following provisions shall apply in relation to such scheme—

(a) every weekly and daily paid employee of the council

who has attained the age of twenty-one years but is under the

age of fifty-five years shall join the scheme;

(b) the council shall contribute to the scheme, in respect of

each employee under the scheme, such amount as from time

to time constitutes the contribution of the council thereto in

accordance with the terms and conditions governing the

scheme;

(c) notwithstanding the provisions of the Labour Act, the

council shall have power to deduct from the wages of every

employee under the scheme, such amount as from time to

time constitutes the contributions of the employee thereto in

accordance with the terms and conditions governing the

scheme, and such amount shall be paid into the scheme.

(2) The council may make rules for the purpose of the

administration of the scheme.

83. (1) Every local government officer to whom this section applies

shall, not later than six months after his appointment insure his life and

keep it insured for a sum not less than the minimum annual remuneration

of the office which he holds, and every such officer shall, as often as he

is promoted to an office of higher remuneration, effect an additional

insurance on his life to the extent of the annual increase in his

remuneration.

LAWS OF GUYANA


(2) This section applies to local government officers in the

service of the City Council who hold offices of a permanent nature and

whose salary is not less than four hundred and eighty dollars per annum.

84. Every insurance effected pursuant to section 83 shall be effected

in a company approved by the City Council and the class and nature of

the insurance shall be subject in each case to the approval of the council.

85. (1) The policy in every case of insurance effected pursuant to

section 83 shall be effected when practicable in favour of the Town

Clerk and his successors in office, and shall so continue until the policy

moneys secured thereby have been received by him and are absolutely

free and discharged from any liability of the local government officer in

respect of whom the insurance is effected.

(2) On any change in the person discharging the duties of the

office of Town Clerk no assignment shall be necessary to transfer the

policy to and vest it in his successor.

86. (1) A sum equal to four per cent of his annual remuneration shall

in each and every year be deducted by the Town Clerk by equal

instalments from the remuneration of every local government officer to

whom section 83 applies, and the whole amount so deducted shall be

applied as nearly as may be in payment of the annual premiums on the

insurance to be so effected.

(2) The City Council may advance to any local government

officer to whom section 83 applies the whole or any part of the annual

premiums on his policy to be repaid by the monthly deduction from his

remuneration specified in subsection (1); and if the officer dies, retires,

resigns, or is removed from office, that part of the advance which is due

at the time of the cessation of his service to the council shall be deducted

from any remuneration then due to him.

87. (1) The sum assured on the life of a local government

officer to whom section 83 applies and the accumulations thereon by

way of bonus or otherwise shall, on the death of the officer while in the

service of the council, be received and held by the City Council and

shall be absolutely freed and discharged from any claim whatsoever of

any creditor of the

Terms of

insurance.

Policy to be in

favour of

Town Clerk.

Payment of

premiums and

advances

therefor.

Receipt and

application of

insurance

moneys.

[19 of 1990]

LAWS OF GUYANA


deceased officer, but, after payment of any costs for receiving it, shall

be paid by the council either to the spouse of the deceased officer for

the benefit of that spouse and their children (if any) or to the guardians

of the children (if any) for their benefit, or to his or her parents or parent,

as the case may be, or to the persons selected by the council in its

uncontrolled discretion for the benefit of the spouse and children or of

the parents or parent as the case may be, as the council deems desirable;

and in the event of the officer leaving neither spouse nor child nor parents

or parent as the case may be, then the council shall pay the money to his

or her heirs, executors or administrators and the receipt of any one to

whom the money is paid by the council shall be an absolute discharge

therefor, and the council shall not be bound to see to the application

thereof, or be liable for misapplication or non-application thereof:

Provided that where payment is to be made to the parents of the

officer the sum to be paid shall be equally divided between them.

(2) For the purposes of subsection (1), “children” includes

children born out of wedlock whom the officer had acknowledged to be

his own and had contributed towards the maintenance of the children,

or had been adjudged to be the father of the children by a court of

competent jurisdiction.

Policy to be

transferred on

retirement.

Provisions for

officers failing

to obtain

insurance.

88. Any local government officer to whom section 83 applies and

who is insured pursuant thereto who retires, resigns or is removed from

the service of the City Council shall have his policy of insurance

transferred to him by the council freed from all liability or restrictions

imposed by this Part, on payment to the council of any sums of money

advanced to him and due by him under this Part.

89. (1) If any local government officer to whom section 83 applies

fails to obtain an insurance pursuant to that section within the period

therein specified, the amount of four per cent shall thereafter be

deducted monthly from his remuneration and placed to his credit in the

Government savings bank at the disposal of the City Council; and on his

death the capital and interest at the credit of that account shall be paid

in the same manner and to the same persons as is prescribed by section

LAWS OF GUYANA


87; and if the officer retires, resigns or is removed from the service of

the council, the amount of capital and interest at the credit of that account

shall be paid to him forthwith.

(2) The council, when the sum deposited in the Government

savings bank in accordance with subsection (1) is equivalent to a sum

which can be invested either in government or municipal bonds, may

make investment of the sum in those bonds and hold them for the benefit

of the officer, and all interest derivable therefrom shall be deposited in

the Government savings bank at the disposal of the council until it

amounts to a further sum which can be invested either in government or

municipal bonds when it may be so invested and any further sums may

from time to time be similarly dealt with.

(3) If an officer dies while in the service of the council before a

sum equal to three months remuneration has been deducted pursuant to

this section, the council shall make good the difference and pay the sum

in the same manner and to the same persons as prescribed by section

87.

90. Any officer to whom section 83 applies who declines or neglects

to insure his life pursuant to that section or who, after having so insured

neglects or refuses to continue the policy by paying the premiums when

due, or objects to the Town Clerk making the deductions authorised by

section 86 from his remuneration, shall be deemed to have thereupon

resigned his office and shall cease to be in the service of the City Council.

91. (1) Notwithstanding section 83 no local government officer to

whom that section applies shall be obliged to insure his or her life

pursuant thereto, and sections 84 to 90 (inclusive) shall not apply to such

officer if and so long as the City Council is satisfied that his or her life

is insured for a sum of not less than the amount prescribed by section 83

in some company approved by the council, and that the insurance

moneys have been or are duly secured for the benefit of his or her spouse

and children, or parents or parent as the case may be, and protected from

his or her debts, and he or she exhibits to the Town Clerk the receipt for

the premium as and when it becomes due and is paid, or the council is

satisfied that the premiums on the policy have been already paid up in

full; and if at any time the council is not satisfied as to any of the aforesaid

Penalty for

neglect to

insure.

Exemption

from obligation

to insure.

[19 of 1990]

LAWS OF GUYANA


matters or the officer does not exhibit the receipt for the premium as

required by this section, the officer shall, not later than such day as may

be appointed by the Town Clerk and notified to that officer, insure his

or her life pursuant to section 83.

(2) For the purposes of subsection (1), “children” includes

children born out of wedlock whom the officer had acknowledged to be

his own and had contributed towards the maintenance of the children,

or had been adjudged to be the father of the children by a court of

competent jurisdiction.

Security.

[13 of 1973]

Accountabil-

ity.

92. A council shall, in the case of a local government officer in its

service who by reason of his office or employment is likely to be

entrusted with the control or custody of money, and may in the case of

any other local government officer in its service, require him to give

security by bond executed by himself as principal and two sureties,

jointly and severally, or in the alternative to give a fidelity bond from an

insurance company approved by the council in an amount determined by

the council, for the due and faithful performance of his duties and for the

due and punctual accounting of all moneys received by him for the

council; and the council shall defray the cost of any expenses incurred

in connection with such security bond or fidelity bond.

93. (1) Every person who holds or acts in a local government office

shall at such times during the continuance of his office as the council in

which he is serving may direct, and every person who having held or

acted in such an office shall within fourteen days, of having ceased to

hold such office or act therein, make out and deliver to the council in

which he is or was serving, or as it directs, a true account in writing of

all money and property committed to his charge in connection with his

office or former office, and of his receipts and payments, with vouchers

and other documents and records supporting the entries therein and a list

of persons from whom or to whom money is due in connection with his

office, or former office, showing the amount due from or to each person:

Provided that the council may, if in its opinion special circumstances

justify an extension of such period of fourteen days extend such period

by a further period or periods not exceeding in the aggregate an

additional period of six weeks.

LAWS OF GUYANA


(2) Every local government officer or former local government

officer shall pay all money due from him to the treasurer of the council

in which he is or was serving.

(3) If any person—

(a) refuses or neglects to make any payment which he is

required by this section to make; or

(b) after three days‟ notice in writing signed by the clerk of

the council or by two councillors thereof and delivered to him

in person or sent by registered post to his last known address,

neglects to deliver to the council, or as it directs any account

or list which he is required by this section to make out or

deliver, or any voucher or other document or record relating

thereto, or to give satisfaction respecting it to the council or

as it directs,

a magistrate of the magisterial district in which the offices of the council

are situated may, on complaint made on behalf of the council, by order

require him to make such payment or delivery or to give such certificate.

(4) If any person fails to comply with an order made under

subsection (3) he shall be guilty of an offence.

(5) Nothing in this section shall affect any remedy by action

against any such local government officer or former local government

officer.

94. (1) No local government officer shall in any way be concerned

or pecuniarily interested in any bargain, contract or arrangement made

by or with the council in which he is serving, other than an interest of the

nature mentioned in the proviso to section 70(1).

(2) Any local government officer who wilfully contravenes this

section shall be guilty of an offence.

(3) No prosecution for an offence under this section shall be

instituted without the consent of the Director of Public Prosecutions.

Interest in

contracts.

LAWS OF GUYANA


Interest in

markets.

Extortion.

Constitution.

Appointment

of members.

95. (1) No local government officer whose service relates to or is at

any market belonging to the council in which he is serving shall have any

pecuniary interest, direct or indirect, in any stand or stall in any market

belonging to the council; and for the purposes of this section the interest

of the wife of a local government officer living with him shall, if known

to him, be deemed to be also an interest of the officer.

(2) Any local government officer who wilfully contravenes the

provisions of this section shall be guilty of an offence.



96. (1) No local government officer shall, under colour of his office

or employment, exact or accept any fee or reward whatsoever other

than his proper remuneration.

(2) Any local government officer who wilfully contravenes this

section shall be guilty of an offence.



Local Government Service Commission

97. (1) There shall be a Local Government Service Commission

consisting of a chairman, a deputy chairman and three other members;

and the Commission shall have such functions as are vested in it by this

Act and any other law.

(2) In the exercise of its functions, the Commission shall not be

subject to the direction or control of any authority.

98. The members of the Commission shall be appointed by the

President from amongst such persons as appear to him to be suitably

qualified; and the President shall appoint one of its number to be

chairman and another to be deputy chairman.

LAWS OF GUYANA


99. No member of the National Assembly, no councillor, no local

government officer, and no member of the Commission who has been

removed from office pursuant to section 103, shall be appointed or

continue as a member of the Commission.

100. Every member of the Commission shall, before performing any

of the functions of his office, take before the President or someone

designated by him an oath of office in the form set out for his office in

the Second Schedule, and the President or someone designated by him

is thereby authorised and empowered to administer such oath.

101. (1) The office of a member of the Commission shall, subject to

the provisions of this Part, become vacant at the expiration of three years

from the date of his appointment or at such earlier time as may be

specified in the instrument by which he was appointed.

(2) If a vacancy occurs in the Commission for a cause other than

the retirement of a member thereof at the expiration of his term of office,

the person appointed to fill the vacancy shall, subject to the provisions

of this Part, hold office for the unexpired portion of the term of the

member whom he succeeds.

(3) A member of the Commission shall, unless he is disqualified

for appointment, be eligible for re-appointment.

102. A member of the Commission may at any time resign his office

by writing signed by him and delivered to the President; and his

resignation shall take effect upon the receipt thereof by the President.

103. (1) The President may, after due inquiry, remove a member of

the Commission from office for inability to perform the functions of his

office (whether arising from infirmity of body or mind or any other cause

whatsoever) or for misbehaviour.

(2) The President may suspend any member of the Commission

from the exercise of the functions of his office if he is satisfied that there

exist grounds for considering his removal from office under subsection

(1); and the President may revoke any such suspension.

Disqualifica-

tion for

appointment.

Oath of office.

Second

Schedule.

Term of office.

Resignation.

Removal from

office.

LAWS OF GUYANA


Vacancy.

Leave of

absence.

Performance of

chairman‟s

duties.

Commission

may act

notwithstand-

ing vacancies.

Protection for

acts done in

good faith.

Privilege of

communica-

tions.

Annual report.

104. A vacancy (other than one occasioned by the retirement of a

member at the conclusion of his term of office) shall occur in the

Commission if a member thereof—

(a) dies;

(b) is disqualified from continuing to be a member;

(c) does not, within fourteen days of his appointment take

before the President or someone designated by him the oath

prescribed for his office by section 100;

(d) resigns;

(e) is removed from office.

105. The President may grant leave of absence to a member of the

Commission.

106. During any period when the chairman of the Commission is

unable for any reason to perform the functions of his office, those

functions shall be assumed and performed by the deputy chairman

thereof or, if the deputy chairman is for any reason unable to perform

those functions, by such other member as the President may appoint.

107. The acts of the Commission and all questions coming or arising

before the Commission shall be done and decided by a majority of all the

members thereof.

108. No proceedings whether civil or criminal shall be instituted

against any member of the Commission in respect of any act done or

omitted by him in good faith as a member of the Commission or by the

Commission.

109. Except with the consent of the President, signified in writing, no

person shall in any legal proceedings produce or be permitted to give

evidence as to the contents or nature of any document or any oral

information addressed, made to or given by the Commission.

110. The Commission shall, not later than the 1st day of March in

every year, submit to the Minister a report on its work during the

preceding year; and the report shall, as soon as conveniently may be

thereafter, be laid before the National Assembly.

LAWS OF GUYANA


111. The President may appoint a secretary to the Commission and

such other staff as may be necessary or desirable to enable the

Commission to perform its functions.

112. The expenses of the Commission (including the remuneration

and other allowances of the members of the Commission, its secretary

and other staff) shall be paid out of moneys provided by Parliament.

113. Subject to this Part, the Commission may, by rules made under

section 114 or otherwise, regulate its own procedure.

114. The Commission may, with the approval of the President, make

rules to provide for all matters incidental to the exercise of its functions

under this Part and without prejudice to the generality of the foregoing

such rules may prescribe or provide for—

(a) the regulation of the procedure of the Commission;

(b) the recruitment, appointment and promotion of local

government officers whose emoluments exceed eighteen

thousand dollars per year;

(c) offences against discipline and penalties therefor;

(d) interdiction and suspension;

(e) disciplinary procedure;

(f) removal from office for offences against discipline or in

the interest of local government;

(g) the time and manner of making appeals under section

121.

115. (1) Any person who directly or indirectly by himself or by any

other person improperly influences or attempts improperly to influence

the Commission or any member thereof in any matter before it shall be

guilty of an offence.



Secretary and

staff.

Expenses.

Procedure.

Rules.

[17 of 1988]

Improper

influence.

LAWS OF GUYANA


False informa-

tion.

Unauthorised

disclosure.

Officers whose

remuneration

exceeds

$18,000 per

annum. [17 of 1988]

116. (1) Any person who gives to the Commission or any member

thereof any information which he knows to be false or which he does not

believe to be true, or omits therefrom any material particular, shall be




117. (1) Any member of the Commission or its staff who, except with

the consent of the President, discloses to any unauthorised person or

otherwise than in the course of duty any information whatsoever which

has come to his knowledge in the course of his duties, and any person

to whom such information has been disclosed or who has otherwise

obtained such information who communicates the same to any person

otherwise than for the purposes of a prosecution, shall be guilty of an

offence.



Appointment of and Disciplinary Control

over Local Government Officers

118. (l) The power, save as otherwise provided hereinafter, to

appoint persons to hold or act in any local government offices the

emoluments of which exceed eighteen thousand dollars per annum

(including the power to confirm appointments) the power to exercise

disciplinary control over any persons holding or acting in such offices and

the power to remove any such persons from office shall vest in the

Commission.

(2) The Commission may, by directions in writing and subject to

such conditions as it thinks fit, delegate any of its powers under

subsection (1) to any one or more members of the Commission or to a

council.

LAWS OF GUYANA


(3) Before the Commission appoints to a local government office

any person holding or acting in any office power to make appointments

to which is vested by the Constitution in the Judicial, the Public, the

Teaching, or the Police Service Commission, it shall consult with the

commission in which that power is vested.

119. (1) The power to appoint a chief executive officer or persons to

hold or act in any local government offices the emoluments of which do

not exceed eighteen thousand dollars per annum (including the power

to confirm appointments), the power to exercise disciplinary control over

any persons holding or acting in such offices and the power to remove

any such persons from office shall vest in the council to which such

person is to be appointed or in which he holds office and, in the case of

the appointment of a chief executive officer, be subject to the approval

of the Minister.

(2) A council may, by directions given in such manner as it thinks

fit, delegate any of its powers under subsection (1) to any local

government officer in its service.

120. The power to exercise disciplinary control over local government

officers (including the power to remove them from office) shall be

exercised by the Commission or other person or authority in whom such

power is vested under section 118 or section 119 in accordance with any

rules pertaining to discipline made by the Commission under section 114.

121. Where the power to exercise disciplinary control over any local

government officer (including the power to remove him from office) has

been exercised by any person or authority other than the Commission,

the local government officer in respect of whom it was exercised may

appeal to the Commission from the decision of that person or authority

in accordance with any rules made by the Commission under section 114

pertaining to appeals under this section; and the Commission, on such

appeal, shall have power to confirm, set aside or vary any finding of such

persons or authority and to confirm, quash or vary (whether by increase

or reduction) any penalty awarded.

Officers whose

remuneration

does not

exceed $18,000

per annum.

[17 of 1988] Manner of

exercise of

disciplinary

control.

Appeals.

LAWS OF GUYANA


Appointment

of deputies.

[17 of 1988]

Councillors

disqualified for

appointment.

Resignation.

Pensions not

to be withheld

without

concurrence of

commission.

122. (1) Notwithstanding section 118, a council may, if there is a

vacancy in any local government office, or if the holder or the person

acting in that office is unable for any reason to perform the functions

thereof, and if there is no local government officer authorised by law to

perform those functions appoint a deputy to act temporarily in such

office; and such deputy shall assume and perform those functions.

(2) Any appointment made by a council under subsection (1) to

a local government office the emoluments of which exceed eighteen

thousand dollars per annum shall be reported to the Commission and

shall be subject to its approval.

(3) If the Commission decides not to approve an appointment

reported pursuant to subsection (2), the appointment shall forthwith

terminate, but without prejudice to the validity of any act previously done

by the person appointed by the council.

123. No person who is a councillor shall be appointed to hold or to act

in a local government office in the council of which he is a councillor; and

no person who has been a councillor shall be so appointed within a period

of a year after ceasing to be a councillor.

124. A local government officer may at any time resign his office by

writing signed by him and delivered to the Mayor or the chairman of the

council in which he is serving; and his resignation shall take effect upon

the receipt thereof by the Mayor or chairman as the case may be.

125. (1) Where a council has a discretion—

(a) to decide whether or not any benefit to which this section

applies shall be granted; or

(b) to withhold, reduce in amount or suspend any such

benefits that have been granted,

those benefits shall be granted and may not be withheld, reduced in

amount or suspended unless the Commission concurs in the refusal to

grant the benefits, or as the case may be, in the decision to withhold them,

reduce them in amount or suspend them.

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(2) Where the amount of any benefits to which this section

applies is not fixed by law, the amount of the benefits to be granted to

the person eligible shall be the greatest amount for which he is eligible

unless the Commission concurs in his being granted benefits of a smaller

amount.

(3) This section applies to any benefits that are or may become

payable under any law providing for the grant of pensions,

compensation, gratuities, premiums or like allowances to persons in

respect of their service as local government officers or to the widows,

mothers, children, dependants or personal representatives of such

persons in respect of such service.

126. (1) Where an officer in the public service is seconded or

temporarily transferred for duty to a local government office from a

pensionable office within the meaning of the Pensions Act, section 5

of that Act shall apply to him as if his service in the council were service

in a civil capacity under the Government.

(2) Where an officer in the public service has been transferred

to any local government office, the provisions of regulation 21 of the

Pensions Regulations (as contained in the Schedule to the Pensions

Act) shall apply to him as if his service in the council were other public

service within the meaning of that Act, not being service under any of

the Scheduled Governments as defined in regulation 2 of the Pensions

Regulations, and regulation 21 of those Regulations shall apply

accordingly to the person so transferred.

Town Constabulary

127. (1) There shall be a town constabulary for the City and there shall

be a town constabulary for the Town.

(2) The Council of a town may, with the approval of the Minister,

establish a town constabulary for the town.

Pension rights

for seconded

public officers.

c. 27:02

Establishment.

[25 of 1973]

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Composition.

[25 of 1973

27 of 1997]

Constabulary

subject to

directions of

town clerk.

Oath of office.

Second

Schedule.

Warrant card.

Uniform.

Duty to obey

orders.

[25 of 1973]

Disciplinary

offences.

[25 of 1973

27 of 1997]

128. (1) A town constabulary shall consist of such officers, non-

commissioned officers and constables as the City Council or the Town

Council, as the case may be, deems necessary or desirable, who shall

be local government officers in the service of the council.

(2) The officer-in-charge of the town constabulary for the City

or the town constabulary for the Town, as the case may be, shall be of

such rank as the Council in whose service he is, deems it necessary for

the proper command and superintendence of the said constabulary.

(3) The officer-in-charge of a town constabulary for the City and

his deputy shall be designated “Chief Constable” and “Deputy Chief

Constable”, respectively.

129. A town constabulary shall be subject to the directions of the town

clerk as to the scope of its duties.

130. Every member of a town constabulary shall before exercising the

functions of his office, take before the town clerk an oath of office in the

form set out for his office in the Second Schedule.

131. A warrant card shall be issued to every member of a town

constabulary by the town clerk and shall be evidence of his membership

thereof.

132. Members of a town constabulary shall be furnished by the council

with uniforms and batons.

133. Every member of a town constabulary shall obey all lawful orders

of his superior officers whether the same are given verbally or in writing,

and shall also obey all orders made or issued by the officer in charge of

the town constabulary under section 135.

134. (1) Any non-commissioned officer or constable of a town

constabulary who is found guilty by the officer in charge of the town

constabulary of any of the following:

(a) absence from duty without leave or good cause;

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(b) sleeping on duty;

(c) conduct to the prejudice of good order and discipline;

(d) cowardice in the performance of duty;

(e) disobedience of any orders issued or made by the

Superintendent under section 135;

(f) insubordination;

(g) being unfit for duty by reason of intoxication;

(h) neglect of duty or orders;

(i) in the course of duty, making a statement which is false

in a material particular;

(j) unlawful or unnecessary exercise of authority resulting

in loss or injury to any person or to the council;

(k) wilfully or negligently damaging or destroying or

negligently losing any council property;

(1) conduct calculated to bring the council into disrepute,

shall be liable to be punished by the officer in charge of the town

constabulary with any one or more of the following punishments—

(i) reduction in rank;

(ii) caution, warning, reprimand or severe reprimand;

(iii) forfeiture of not more than fourteen days‟ pay, save

that, in the case of absence without leave or good cause for

more than fourteen days, pay may be forfeited for a period

of not more than the period of such absence from duty;

(iv) forfeiture of any good conduct allowance;

(v) compulsory performance of extra drills or duties;

(vi) suspension from duty without pay for not more than

fourteen days.

(2) Any non-commissioned officer or constable of a town

constabulary who absents himself from duty without leave, and without

an adequate excuse renders himself liable to summary dismissal from

the town constabulary.

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(3) Any member of a town constabulary above the rank of

inspector (other than the officer-in-charge) who commits any of the acts

of indiscipline mentioned in subsection (1) shall, upon the

recommendation of the officer-in-charge, be charged and placed before

a Select Committee of the Council to answer such charge.

(4) If the member charged, referred to in subsection (3), is found

guilty he may be punished by the Committee with any one or more of the

following punishments—

(a) reduction in rank;

(b) caution, warning, reprimand or severe reprimand;

(c) compulsory performance of extra duties;

(d) forfeiture of not more than fourteen days pay;

(e) suspension from duty without pay for not more than

fourteen days.

(5) Any non-commissioned officer or constable of a town

constabulary may be placed under arrest if—

(a) he is under the influence of intoxicating liquor;

(b) he commits any act of insubordination, or uses any

disrespectful language to his superior in rank;

(c) he strikes or attempts to strike any member of the town

constabulary;

(d) he commits any criminal offence while carrying out his

duties as a member of the town constabulary.

(6) Any member of the town constabulary may be placed under

arrest prior to the institution of any disciplinary charge which may be

brought against him.

(7) Arrest shall be of two kinds—

(a) open arrest - where any non-commissioned officer or

constable of a town constabulary is placed under open arrest,

he shall be deprived of all privileges and leave until the case

is disposed of and he shall attend all parades and do duties as

required;

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(b) close arrest - in the case of a non-commissioned officer

who holds the rank of inspector, he shall be confined to his

quarters under guard, and in the case of any other member

below the rank of inspector, to some suitable place in the

station premises other than the prisoner‟s cell, under guard.

(8) Whenever any member of a town constabulary is placed

under close arrest, his identification card, whistle, baton, arms and

ammunition shall forthwith be surrendered by him to the most senior rank

on duty.

(9) No member of a town constabulary shall be placed under

arrest under this section by any other member of the said constabulary

who is of an inferior rank to himself.

(10) Any member of a town constabulary who is placed under

close arrest for any offence of indiscipline or otherwise under this

section shall not, unless the officer-in-charge so directs, be detained

under close arrest for a period longer than twenty-four hours, but shall

thereafter be released and placed on open arrest or on duty pending his

trial.

135. (1) The officer in charge of a town constabulary may, with the

approval of the town clerk, make orders, which shall be known as

“Constabulary standing orders”, prescribing or providing for—

(a) discipline and training;

(b) instructions and examinations;

(c) inspections, drills, exercises and parades;

(d) the manner in which the duties of the constabulary shall

be carried out;

(e) the manner and form of the making of reports and other

records;

(f) the performance of any act which shall be necessary for

the proper carrying out of the duties of the constabulary;

(g) such other matters as may, in his opinion, be necessary

for preventing abuse or neglect of duty and for rendering the

constabulary efficient in the discharge of its duties.

Standing

routine orders.

[25 of 1973]

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(2) The officer in charge of a town constabulary may issue

orders of a routine nature, which shall be known as “Constabulary

routine orders”, for the control, direction and information of the

constabulary.

Disciplinary

powers

deemed to

have been

delegated.

[25 of 1973]

Members of

constabulary

always on

duty.

Duty to

deliver up

warrant and

uniform on

leaving service.

Powers.

[25 of 1973]

136. The powers conferred by sections 133, 134 and 135 upon the

officer in charge of a town constabulary to exercise disciplinary control

over members of a town constabulary shall be deemed to have been

delegated to him by the council pursuant to section 119(2).

137. For the purposes of this Act, every member of a town

constabulary shall be deemed to be always on duty when required to act

as such and shall perform the duties imposed upon, and exercise the

powers granted to him under this Act or any other law at any and every

place in the City or the Town, as the case may be, in which he is serving.

138. (1) Every member of a town constabulary who leaves the

Constabulary, whether in consequence of his resignation or dismissal or

otherwise, shall on leaving the same deliver up his warrant card, uniform

and baton and any other property of the council in which he has been

serving which may be in his possession.

(2) Any person who contravenes the provisions of this section

shall be guilty of an offence and may in addition to any penalty imposed

pursuant to section 315 be ordered by the magistrate before whom he

is convicted to pay to the council an amount equal to the value of the

property.

139. (1) Every member of a town constabulary has in relation to—

(a) any offence committed against this Act or by-laws made

by the council in whose service he is for the time being;

(b) any offence committed in any place vested in, or under

the control of, the council or in any public place in the council

area,

all the powers and is entitled to all the privileges and immunities

conferred on a police constable by any law for the time being in force.

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(2) Where a town constable lays an information or makes a

complaint against any person in respect of any offence against this Act

or any by-laws made thereunder any member of a town constabulary not

below the rank of corporal and serving in the same constabulary as the

aforesaid town constable may appear before the magistrate exercising

jurisdiction in the matter and has the same privileges as to addressing the

magistrate and examining the witnesses adduced in the matter as the

town constable who laid the information or made the complaint would

have had.

140. Any person who causes, or attempts to cause, or does any act

calculated to cause, disaffection amongst the members of the

constabulary or induces or attempts to induce, or does any act calculated

to induce, any member of the constabulary to withhold his services or to

commit breaches of discipline, shall be guilty of an offence.

141. Any member of a town constabulary who threatens or insults any

other member when—

(a) such other member is on duty; or

(b) such threat or insult relates to or is consequent on the

discharge of duty by the members so threatened or insulted,

shall be guilty of an offence.

142. Any person who assaults, resists or obstructs any member of the

constabulary acting in the execution of his duty, or aids or incites any

person to assault or resist any such member shall be guilty of an offence.

143. Any keeper of any place for the entertainment of the public

whether spirituous liquors are sold therein or not, who knowingly

harbours or entertains any member of the constabulary on duty or

permits any member of the constabulary to remain in such place while

on duty shall be guilty of an offence.

Causing

disaffection.

Threatening

members.

Assaulting

members.

Harbouring

members.

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Unauthorised

wearing of

uniform.

[25 of 1973]

Financial year.

Financial

regulations.

144. If any person who is not a member of a town constabulary wears

without the permission of the officer in charge of the town constabulary

thereof, the uniform of the constabulary or any dress having the

appearance, or bearing any of the distinctive marks, of that uniform, he


PART V

FINANCE

Accounts, Receipts and Expenditure

145. The financial year of a council shall be the period of twelve

months commencing on the first day of January.

146. (1) The Minister may make financial regulations for controlling

and managing financial business of councils.

(2) Without prejudice to the generality of the powers conferred

by subsection (1), financial regulations may prescribe or provide for—

(a) the preparation and keeping of accounts, balance sheets,

financial statements and abstracts of accounts;

(b) the regulation of the procedure and duties of committees

appointed for regulating and controlling the finances of

councils;

(c) the purchase of stores and equipment and the custody

and issue thereof;

(d) the receipt, transmission and safe custody of cash;

(e) the preparation and submission of estimates;

(f) the expenditure which may be incurred in a financial

year before approval of the estimates for that year;

(g) the procedure for borrowing;

(h) advances to local government officers;

(i) the procedure in relation to tendering and acceptance of

contracts;

and such financial regulations may be made either generally or

otherwise.

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(3) Financial regulations may prescribe the form of any account,

notice or other document.

147. Proper books of account shall be kept by a council in accordance

with financial regulations.

148. (1) The revenues of a council shall consist of all moneys received

by the council from any source whatsoever, except moneys received by

way of loan and shall be credited to the general rate fund of the council.

(2) All expenditure of a council other than that financed by loan

shall be discharged from the general fund.

(3) Separate accounts shall be kept of receipts carried to and

payments made out of the general rate fund—

(a) for general purposes;

(b) for each special purpose.

149. Moneys received by a council by way of loan shall be credited to

the loan fund of the council.

150. All moneys received by or on behalf of a council shall be delivered

to the treasurer who shall deposit them with a bank approved by

resolution of the council.

151. All payments on account of a council shall be made by the

treasurer in pursuance of an order signed by two councillors who are

members of the Finance Committee and who are authorised by the

Finance Committee in that behalf; and all cheques for payment of

moneys shall be signed by the treasurer and countersigned by the clerk

or such other local government officer as may be authorised by the

council on that behalf or any member of the Finance Committee:

Provided that the following payments may be made out of the

general rate fund without an order, that is to say—

(a) payments made in pursuance of section 22;

(b) payments of allowances to councillors;

Books of

account.

Revenues of

councils;

general rate

fund.

Loan fund.

Moneys to be

paid into

approved

bank.

Payments to

be made under

order signed

by councillors.

[17 of 1988]

LAWS OF GUYANA


(c) payments of emoluments and allowances to any local

government officer in the service of the council (other than

daily or weekly paid employees);

(d) payments not exceeding two thousand dollars in relation

to services provided for in the estimates.

Moneys

received for

special

purpose.

Investment of

funds.

Insurance.

Estimates of

the City

Council and

the Town

Council.

152. No moneys standing to the credit of a special purpose account

shall be used for any purpose other than that for which they have been

provided.

Investments and Insurance

153. A council may invest any of its moneys in such manner as the

council may approve.

154. A council may insure—

(a) all or any of its movable or immovable property against

risks of any kind and may also insure councillors, local

government officers in its service and any other persons

against loss of life or injury suffered whilst performing any

duty on behalf of the council;

(b) against any liability to any person in connection with any

of its property or through any action or default of any local

government officer in its service or any other person;

(c) against any loss of money or securities arising out of or

caused by the negligence or wilful act of any of its local

government officers or any other person.

Estimates

155. (1) The City Council and the Town Council shall, not later than

the fifteenth day of November in every year, cause to be submitted to

them estimates of the revenues and expenditure of the council for the

next financial year.

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(2) Copies of the estimates approved by the Council shall be

submitted to the Minister and copies shall be open for public inspection

at its offices and notice thereof shall be published by the Council; and the

notice shall refer to the right of inspection.

156. (1) The City Council and the Town Council shall, not later than

the thirty-first day of March in every year submit to the Minister a report

in writing containing an account of all moneys received, expended and

applied during the preceding financial year.

(2) Copies of the report shall be open for public inspection at the

offices of the council and notice thereof shall be published by the council;

and the notice shall refer to the right of inspection.

157. A town council or a district council shall, not later than the

fifteenth day of November in every year, cause to be prepared and shall

submit to the Minister for his approval estimates of the income and

expenditure of the council for the next financial year.

158. (1) The Minister may approve the estimates of a town council or

a district council either as submitted or, after affording the council an

opportunity to make representations, with such variations or

amendments as he thinks fit to make thereto.

(2) The approved estimates of a town council or a district council

shall be open for public inspection at the offices of the council and notice

thereof shall be published by the council; and the notice shall refer to the

right of inspection.

159. The estimates of a council shall be in such form and set out such

information as is prescribed by financial regulations.

160. A council may, in respect of any portion of a financial year that

may have elapsed before approval of its estimates for that year, expend

provisionally such sums as may be generally or specially authorised by

financial regulations.

Annual report

by City

Council and

Town Council.

Submission of

estimates by

town councils

or district

councils.

[25 of 1973]

Approval of

estimates of

town councils

or district

councils.

[25 of 1973]

Form of

estimates.

Expenditure

prior to

approval of

estimates.

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Expenditure

subsequent to

approval.

Supplemen-

tary estimates.

[25 of 1973]

Write-off.

161. After the estimates of a council have been approved, such

council shall not, except as permitted by financial regulations—

(a) incur, in the financial year to which they relate, any

expenditure which is not provided for therein;

(b) use any sum included therein under any head of

expenditure for another head of expenditure:

Provided that the council may utilise any saving under one sub-head

of expenditure for the purpose of meeting any excess of expenditure

under another subhead of the same item of expenditure.

162. (1) If it appears to the City Council or to the Town Council after

the commencement of any financial year that insufficient provision has

been made in the estimates for that year, such council may, not later than

the thirty-first day of May in that year, cause to be submitted to it

supplementary estimates of income and expenditure for that year; and

if it so appears to a town council and a district council, it may, not later

than the said day prepare and submit to the Minister for his approval

supplementary estimates of income and expenditure for that year.

(2) Section 155(2) and section 159 shall have effect in relation to

supplementary estimates of the City Council and of the Town Council

as they have in relation to estimates caused to be submitted to them

under section 155; and sections 158 and 159 shall have effect in relation

to the supplementary estimates of a town council and a district council

as they have in relation to estimates prepared and submitted under

section 157.

163. A council may not authorise the writing-off of sums payable to

the council or of deficiencies of cash or stores except upon grounds

prescribed by financial regulations and of amounts not exceeding the

amounts thereby prescribed.

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Grants

164. (1) There may be paid to councils out of moneys provided by

Parliament grants, in respect of any expenditure incurred or to be

incurred by them in discharging any of their functions, of such sums as

the Minister may direct and subject to such terms and conditions as he

may determine; and different sums may be paid, subject to different

terms and conditions, to different councils.

(2) Every application to the Minister by a council for a grant shall

be submitted in accordance with financial regulations.

Loans

165. A council may, with the approval of the Minister, borrow sums

of money for any of the following purposes—

(a) for acquiring any land which the council has power to

acquire;

(b) for erecting any building which the council has power to

erect;

(c) for the execution of any permanent work, the provision

of any plant or the doing of any other thing which the council

has power to execute, provide or do, if it is desirable that the

cost of defraying that purpose should be spread over a term

of years;

(d) for any other purpose for which the council is authorised

under any law to borrow.

166. (1) Every application to the Minister by a council for his approval

to borrow money shall be submitted in accordance with financial

regulations.

(2) When any application is submitted to the Minister for his

approval to borrow money the council shall publish notice thereof and

such notice shall set out the amount proposed to be borrowed, the

purpose for which it is sought to be borrowed, the mode of borrowing,

and the proposed basis of repayment; and shall also state that any person

Grants. Purposes for

which money

may be

borrowed.

Application.

LAWS OF GUYANA


wishing to object to such application shall forward his objections with the

reasons therefor in writing to the Minister before a day specified in such

notice.

(3) Before making his decision upon an application for approval

to borrow money the Minister shall consider any objections received by

him.

Mode of

borrowing.

Issue of bonds.

Replacement

of defaced

bonds.

Replacement

of lost bonds.

167. Where approval is given to a council to borrow money, it may

borrow from the Government or from any other source approved by the

Minister, and may raise the money by mortgage of the rates or any other

property of the council.

168. (1) Where approval is given to the City Council or the Town

Council to borrow money it may raise the money by issue of bonds.

(2) Bonds issued by the City Council or the Town Council shall

be in such form, for such amounts and at such rate of interest, and be

redeemable at the time and in the manner decided by the council with

the approval of the Minister.

169. If any bond issued by the City Council or the Town Council is

accidentally defaced, the Council may cancel the defaced bond and may

cause a new bond to be made and delivered to the bearer; and the new

bond shall bear the same number, date and principal sum, carry the same

interest and be subject to the same rules as the original bond.

170. The City Council or the Town Council, on proof to its satisfaction

that any bond issued by it has by accident been lost or destroyed before

being paid off, may, if the number and the amount of the bond are

ascertained, and upon being furnished with due security for indemnifying

the council for any loss to which it may at any time be subjected by

reason thereof, issue a new bond corresponding in all respects with the

bond so lost or destroyed or, if any bond when so lost or destroyed is

overdue, the council may cause the money thereon to be paid off and

discharged.

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171. All moneys borrowed by a council with the approval of the

Minister and all interest and other sums payable in respect thereof shall

be charged indifferently upon the revenues and assets of the council.

172. Where any moneys are borrowed by a council with the approval

of the Minister, the following provisions shall apply—

(a) the council shall set apart each year from its revenues

and assets, in addition to the interest payable, such a

proportionate part of the capital sum as will be sufficient in the

aggregate to pay the capital as and when it becomes due;

(b) the amount to be set apart each year for the repayment

of the capital sum shall be an equal proportion of that sum;

(c) where bonds have been issued by the City Council or the

Town Council and the sum set apart each year cannot be

immediately applied to the redemption of the bonds, it shall be

invested by the council until, with the accruing interest, it can

be so applied:

Provided that when determining the amount to be set apart each

year, if any allowance is made for interest to accrue on the sums to be

invested, the interest to be obtained shall not be estimated at a higher rate

than five per cent per annum.

173. (1) A council may, without the approval of the Minister, borrow

by way of temporary loan on overdraft from a bank or otherwise, any

sums which it may temporarily require—

(a) for defraying expenses pending the receipt of revenues;

(b) for defraying expenses pending the receipt of a loan

which has been approved by the Minister for defraying such

expenses.

(2) Interest charged upon any temporary loans under this section

shall be paid out of the general rate fund of the council.

(3) A council shall not, under this section, temporarily borrow a

sum or sums which in aggregate at any time exceed one-quarter of its

estimated revenue for the financial year.

Charge upon

revenues.

Repayment.

Temporary

loans.

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Charge of loan

to head of

expenditure.

Repayment of

balance of

loan.

Additional

payments.

Accounts to be

audited

annually.

Notification of

date of audit.

Deposit of

accounts.

Unauthorised

alteration of

deposited

accounts.

174. When money is borrowed to meet any expenditure of a council

which is chargeable to a particular head of expenditure, there shall be

debited to that head of expenditure all sums required for repayment of

the loan, and for payment of interest thereon.

175. The balance of any loan which is not required for the purposes

for which it was obtained shall be repaid immediately.

176. In addition to any normal repayment in respect of any loan, a

council may make additional payments out of its ordinary revenue

towards the reduction of that loan.

Audit

177. (1) All accounts of a council shall be made up yearly to the end

of the financial year to which they relate by the treasurer of the council

and shall be so made up not later than four months after the end of such

year and shall be audited by the auditor as soon as practicable.

(2) If a treasurer neglects to make up the accounts as required

by subsection (1), he shall be guilty of an offence.

178. The auditor shall give the treasurer one month‟s notice in writing

of the date on which he intends to commence the audit of the accounts

of the council.

179. The treasurer shall, not later than seven days before the date of

the commencement of the audit, deposit all accounts duly made up,

together with all books and documents relating thereto, in the appropriate

office of the council where they shall, until the commencement of the

audit, be open at all reasonable hours to the inspection of all persons

interested; and any such person shall be at liberty to make copies of or

extracts from the deposited accounts, books and documents.

180. If the treasurer, except with the consent of, or in accordance with

directions given by the auditor, alters or allows the accounts, books and

documents to be altered, when deposited, he shall be guilty of an offence;

LAWS OF GUYANA


and any person who, having the custody of the accounts, books and

documents so deposited, refuses to allow inspection thereof shall

likewise be guilty of an offence.

181. The treasurer shall, not later than fourteen days before the date

of the commencement of the audit, publish notice thereof; and such

notice shall refer to the right of inspection by every person interested,

and shall also state that such person may appear before the auditor and

make representations as to the correctness or legality of the accounts,

books or documents deposited, or any entry therein.

182. The treasurer shall prepare a financial statement of the accounts

of the council in such form and with such number of copies as may be

prescribed by financial regulations and shall submit the statement to the

auditor at the commencement of the audit.

183. (1) During the audit, the auditor may take evidence and examine

witnesses upon oath (which oath the auditor is hereby empowered to

administer), and may, by writing under his hand, summon any person to

appear before him at a time and place stated and to produce all such

accounts, books and documents as he may consider necessary for such

examination; and if any person so summoned is not a local government

officer he shall be entitled to payment for his attendance as if he were

a witness attending a legal proceeding in obedience to a summons issued

at the instance of the State.

(2) Any person who, when so required, without reasonable

excuse—

(a) neglects or refuses to comply with the terms of a

direction given under subsection (1); or

(b) having appeared, refuses to be examined on oath or

affirmation,


(3) The auditor may require any person at the audit to make and

sign a declaration as to the correctness of any account, book or

document, and if any person knowingly makes or signs any such

Notice of

audit.

Financial

statement.

Evidence at

audit.

LAWS OF GUYANA


c. 8:01

Powers of

auditor.

Right of

objection.

Disallowance

and surcharge.

declaration which is untrue in any material particular, he shall be guilty

of an offence and shall be liable on conviction on indictment to the same

punishment as for perjury, under section 325 of the Criminal Law

(Offences) Act; and where a person, without reasonable excuse

refuses to make or sign a declaration under this subsection, he shall be


184. In carrying out an audit, the auditor shall have power—

(a) to retain possession of any book or document until the

completion of the audit, or if there is any question as to the

propriety or legality of any transaction supported by any

document or recorded in any book aforesaid, he may retain

possession thereof, until such time as the propriety or legality

of the transaction has been established or otherwise;

(b) to seal any safe, cabinet or other furniture used by the

council for the safe keeping of any cash, book or document;

and where any person tampers with or wilfully breaks any

seal so affixed by the auditor, he shall be guilty of an offence;

(c) to adjourn any audit.

185. A person interested may in person or by his representative at the

audit make objection to the accounts or to any book or document before

the auditor.

186. (1) At every audit the auditor shall—

(a) disallow every item of account which is contrary to law;

(b) surcharge the amount of any expenditure disallowed

upon the person responsible for incurring or authorising the

expenditure;

(c) surcharge any sum which has not been brought into

account upon the person by whom the sum ought to have been

brought into account;

(d) surcharge the amount of any loss or deficiency upon any

person by whose negligence or misconduct the loss or

deficiency has been incurred;

(e) on the conclusion of the audit, certify—

LAWS OF GUYANA


(i) any disallowance under paragraph (a);

(ii) the amount due from any person upon whom he has

made a surcharge;

(iii) his allowance of the accounts subject to any

disallowance or surcharge which he may have made;

(iv) the amount of expenditure audited and allowed.

(2) Any loss represented by a charge for interest or any loss of

interest shall be deemed to be a loss within the meaning of this section

if it arises from failure through neglect or default to levy or collect rates.

187. Within one month of the completion of the audit of the accounts

of a council, or as soon as practicable thereafter, the auditor shall report

on the accounts audited and shall send the report to the council and a

copy thereof to the Minister.

188. Upon receipt by a council of the report of the auditor, the

treasurer thereof shall—

(a) give notice to any person who has been surcharged;

(b) deposit a copy of the report in the appropriate office of

the council, where it shall be open to inspection at all

reasonable hours for a period of twenty-eight days by any

person interested;

(c) publish a notice that the audit has been completed and

that the report of the auditor is open to inspection by persons

interested for a period of twenty-eight days at the offices of

the council.

189. A council shall take the report of the auditor into consideration at

the next ordinary meeting of the council, or as soon as practicable

thereafter.

190. Any person who is aggrieved by a decision of the auditor on any

matter with respect to which he has made an objection at the audit, and

any person aggrieved by a disallowance or surcharge made by the

auditor may, within six weeks of the date of the decision, disallowance

or surcharge, appeal to the Minister.

Auditor‟s

Report.

Notification of

surcharge.

Council to

consider

report.

Right of

appeal.

LAWS OF GUYANA


Power on

appeal.

c. 28:03

Applications

for relief.

c. 28:03

Personal

hearing.

191. (1) The Minister, on an appeal under section 190, shall have

power to confirm, quash or vary the decision of the auditor and to remit

the case to him with such directions as the Minister thinks fit for giving

effect to the decision on appeal; and if the decision of the auditor is

quashed, or is varied to reduce the amount of a surcharge to one

thousand dollars or less, the appellant shall not by reason of the

surcharge be subject to the disqualification made by section 40 of the

Local Authorities (Elections) Act.

(2) Where an appeal is made to the Minister under section 190,

the Minister may at any stage of the proceedings state, in the form of a

special case for the opinion of the court, any question of law arising in

the course of the appeal.

192. (1) In the case of a surcharge, the person surcharged may,

whether or not he appeals under section 190, apply to the Minister for

a declaration that in relation to the subject-matter of the surcharge he

acted reasonably or in the belief that his action was authorised by law

and the Minister, if satisfied there is proper ground for so doing, may

make a declaration to that effect.

(2) Where a declaration is made under subsection (1) by the

Minister, the person surcharged, if by reason of the surcharge he is

subject to the disqualification imposed by section 40 of the Local

Authorities (Elections) Act, shall not be subject to that disqualification;

and the Minister may, if satisfied that the person surcharged ought fairly

to be excused, relieve him either wholly or in part from personal liability

in respect of the surcharge.

193. (1) Where an appeal under section 190 or an application under

section 192 is made to the Minister, the appellant or applicant shall be

entitled, if he so desires, to a personal hearing by a person appointed by

the Minister for the purpose.

(2) Where such an appeal or application is made the appellant or

the applicant, as the case may be, shall be entitled to be represented by

counsel or solicitor.

LAWS OF GUYANA


194. Every sum certified by the auditor to be due shall be paid to the

treasurer of the council within one month after it has been so certified,

or, if an appeal under section 190 or an application under section 192 has

been made within that period with respect to that sum, within one month

after the appeal or application is finally disposed of or abandoned or fails

by reason of the non-prosecution thereof.

195. (1) Proceedings for the recovery of any sum certified by the

auditor to be due shall be commenced as soon as such sum has become

payable.

(2) In any proceedings for the recovery of a sum certified by the

auditor to be due, a certificate signed by the auditor shall be conclusive

evidence of the facts certified and a certificate signed by the treasurer

that the sum certified to be due and payable has not been paid to him shall

be prima facie evidence of non-payment thereof; and unless the

contrary is proved, a certificate purporting to be signed by the auditor or

by the treasurer shall be deemed to have been signed by the auditor or

the treasurer, as the case may be.

196. The Minister shall make and may amend or vary a scale of

charges payable by councils in respect of the duties imposed upon and

performed by the auditor and the charges shall be paid to the

Accountant-General within one month after the date of the completion

of the audit.

197. Any expenses or costs, incurred in the defence of any allowance,

disallowance or surcharge made by the auditor shall, so far as not

recovered from any other party and except so far as may otherwise be

ordered by the Minister, be paid by the Council.

198. (1) The Minister may at any time request the auditor to hold an

extraordinary audit of any accounts of a council; and a council may at

any time and at their own expense request the auditor to hold an

extraordinary audit of any of their accounts.

(2) An extraordinary audit held under this section shall be

deemed to be an audit for the purposes of this Part and the provisions

of this Part other than those requiring the preparation and submission of

Payment of

sums due.

Recovery.

Charges of

audit.

Costs of

appeal.

Extraordinary

audit.

LAWS OF GUYANA


a financial statement of the accounts and the deposit of the accounts

together with any book or document relating thereto for inspection and

the giving of notice thereof, shall apply accordingly.

Inspection.

Internal audit.

Interpretation.

[18 of 1977]

Rating area.

[13 of 1973

25 of 1973]

Rating

authority.

199. Without prejudice to the other provisions of this Part, the auditor

shall have power at any time to inspect any account, book or document

of and to make a check of any bank account and cash balances held on

behalf of a council and in carrying out any such inspection shall have the

powers set out in section 184 (a) and (b).

200. A council may, and when so directed by the Minister shall, in

consultation with the auditor, make arrangements for a regular system

of internal audit which shall be in addition to the audit hereinbefore

provided for in this Part.

201. In this Part—

“the auditor” means—

(i) the Auditor-General;

(ii) a public officer authorised in that behalf by the

Director of Audit;

“person interested” means—

(i) any registered voter for the council area;

(ii) any other person having any pecuniary interest in the

accounts of the council arising from a contract or otherwise.

PART VI

RATING

202. Each council area forms one rating area.

203. Every council shall be the rating authority for, and shall have

power to make and levy rates within, each rating area in its council area.

LAWS OF GUYANA


204. Every council shall, for each rating area within its council area,

make and levy for each rating period a general rate, which shall be

sufficient to meet the expenditure estimated to be incurred by the council

in carrying out its functions under this Act during the rating period.

205. Where it appears to a council that revenue from a general rate

levied under section 204 is likely to be insufficient to meet the

expenditure to be incurred in any rating area within the council area

during the rating period and during that part of the next subsequent rating

period before the rates in respect thereof become payable, it may, after

compliance with the provisions of section 162, make and levy a

supplementary rate for that rating area in respect of the second half of

the rating period in the same manner as is provided for the general rate.

206. (1) Every general or supplementary rate for a rating area shall be

at a percentage on the value of property in the valuation list for the time

being in force in the rating area.

(2) A council may make and levy—

(a) a separate rating percentage on the value of land and of

any building or other erection thereon;

(b) having regard to the purpose for which the property is

actually used or occupied, or if not actually used or occupied,

the purpose for which it is reasonably suited, if the council

thinks it justifiable in view of all the circumstances to do so—

(i) a different rate percentage on the value of property

or part thereof in the same part of the rating area (even in

respect of adjacent properties) or in different parts of the

rating area;

(ii) a different rate percentage on the value of different

parts of the same property whether or not separately

assessed; but where different parts of the same property

are not separately assessed the Chief Valuation Officer

shall apportion the value of each part to enable the Council

to make and levy the rate:

Power to levy

a general rate.

[25 of 1973]

Power to levy

supplementary

rate.

Rates to be a

percentage.

[25 of 1973

16 of 1992]

LAWS OF GUYANA


Provided that the exercise by a council (other than the City Council

or the Town Council) of the power conferred upon it by this subsection

shall be subject to the approval of the Minister.

(3) In this part “rate percentage”, in relation to the rental value

of property or part thereof, includes a rate percentage representing a

multiple of the annual rental value of the property or part thereof.

Reference to

new valuation

lists.

Date for fixing

of rate

percentage.

[O. 36/1979]

Publication of

rate percent-

age.

State prop-

erty.

207. Where a new valuation list is to come into force in a rating area,

a council may make a rate by reference to that list for the rating period

beginning with the day on which the list is to come into force or the

following day, notwithstanding that the list is not in force at the time when

the rate is made, and references to the list in force for the time being shall

be construed as references to the new list.

208. (1) A council shall fix the percentage of a general rate for a rating

area not later than the day preceding the commencement of the rating

period.

(2) A council shall fix the percentage of a supplementary rate for

a rating area not later than the day preceding the commencement of the

second half of the rating period.

(3) Where the Minister is satisfied that it is impracticable for a

council to comply with the provisions of this section he may, at any time

by order, vary the days specified in subsection (1) and subsection (2);

and a rate percentage fixed within such extended period shall have

effect as if it had been fixed not later than the day or days so specified.

209. Notice of every rate percentage shall be published in the Gazette

and in a newspaper by the council forthwith after the fixing thereof, and

rates shall not be leviable until such notice is given.

210. All property owned by the State within a rating area and occupied

by, or utilised by, or occupied under the authority of, the State, as the case

may be, shall be liable and subject to rates as is property owned by

private persons.

LAWS OF GUYANA


211. (1) The owner of a property shall be liable for the payment of

rates levied thereon.

(2) The person whose name appears in the valuation list shall, for

the purposes of this section, be deemed to be the owner of the property

listed against his name until the contrary is proved to the satisfaction of

the council.

(3) Where a property in a valuation list is sold or transferred

whether by instrument or operation of law or otherwise, the purchaser

or transferee shall, within three months after such sale or transfer, give

notice in writing and produce the instrument of sale or transfer to, the

council; and any person who fails to give such notice or produce such

instrument of sale or transfer shall be guilty of an offence, and on

summary conviction be liable to a fine of six thousand five hundred

dollars.

(4) Where the names of two or more persons appear in the list

in respect of any property, the council may designate any one of those

persons as owner, and such person shall be deemed to be the sole owner

for the purposes of this section.

(5) Where the owner of a property cannot be found, the person

in occupation of the property, or where there are two or more persons

in occupation, any one of such persons may be designated as owner by

the council and such person shall be deemed to be the owner for the

purposes of this section.

(6) Where, under the provisions of this section, a joint owner or

joint occupier has paid more than his share of rates, he may irrespective

of the amount, recover as a civil debt under the Summary Jurisdiction

(Petty Debt) Act from the other joint owners or joint occupiers who have

paid or contributed less than their share, the amount of the excess

together with any costs and interest paid by him.

(7) Where property owned by the State is held under a lease or

is occupied or used under a licence or permission the tenant, licensee or

permittee shall be deemed to be the owner thereof for the purposes of

this section:

Liability for

payment of

rates.

[6 of 1997]

c. 7:01

LAWS OF GUYANA


Provided that proceedings for rate recovery by way of parate

execution shall be exercised only in regard to the right, title and interest

of the tenant, licensee or permittee.

(8) In this section the term joint owner includes two or more

persons who hold a lease, licence, or permission in and over one

property.

Right of

recovery.

c. 7:01

Exemption of

certain

properties.

5 of 1966A

Power to

exempt owners

of certain

properties.

212. Where any rate or instalment thereof or any interest due thereon

is paid by a person deemed to be owner under section 211, other than

subsection (7) thereof, he may irrespective of the amount, recover any

sum so paid, together with interest and costs from the owner of the

property either as a civil debt under the Summary Jurisdiction (Petty

Debt) Act, or by deduction of rent due by him to the owner:

Provided that nothing in this section shall affect any agreement

between a tenant and his landlord regarding payment of rates and no

such agreement shall derogate from any provision of this Part relating

to the recovery of rates.

213. No rates shall be levied in respect of the following properties—

(a) property used solely for the purposes of public religious

worship;

(b) property used exclusively for the purposes of education;

(c) property used for the purposes of a burial ground,

cemetery or crematorium;

(d) buildings exempted by the City Council under the

Georgetown (Taxation and Rating Concessions) Ordinance,

1966 (which expired in 1969);

(e) property used for two or more of the purposes specified

in the preceding paragraphs.

214. (1) A council shall have power to exempt from liability to pay

rates either wholly or in part, in respect of the properties listed in this

section, the owners of—

(a) any property used for the advancement of religion,

education or social welfare, not with a view to profit;

LAWS OF GUYANA


(b) any property used mainly for the purpose of open air

games or of open air athletic sports and occupied by a club,

society or other organisation which is not established or

conducted with a view to profit;

(c) property used exclusively for the purposes of a hospital,

dispensary or public health institution,

where the council is satisfied that liability to pay the whole of the rates

would seriously prejudice the successful attainment of the objects or

purposes for which the organisation, club or society exists.

(2) The Minister may by order designate any other property in

respect of which no rates shall be payable.

215. (1) The rates due in respect of a general rate shall be payable in

four equal instalments which shall become due on the first day of

February or on the day of service of the demand note, whichever day

is later, the first day of April, the first day of July and the first day of

October.

(2) The rates due in respect of supplementary rate shall be

payable in two equal instalments which shall become due on the first day

of July or on service of the demand note, whichever day is the later and

the first day of October.

(3) A council may give a discount not exceeding ten per cent on

rates due in respect of any general or supplementary rate when the

whole of such rates is paid within such period prior to the due date for

payment of the first instalment thereof as may be fixed by the council

from time to time.

(4) All rates shall be paid to the office of the council or such other

place as may be signified by notice published by the council.

(5) A ratepayer may make payments on account of instalments

of rates before such instalments are due.

Due dates for

payment of

rates.

[25 of 1973

17 of 1988]

LAWS OF GUYANA


(6) Anything in subsections (1) and (2) to the contrary

notwithstanding the Minister may for good and sufficient cause shown

to him, by notice published in the Gazette and in a newspaper circulating

in Guyana, prescribe other dates on which the instalments of a general

or supplementary rate shall become due and payable.

Demand notes. 216. (1) As soon as practicable after notice of making of a rate has

been published, the amount of rates payable in respect of any property

shall be demanded from the person who was the owner of such property

on the day on which the rating period commenced:

Provided that in the case of a property which becomes liable to be

rated from a day after the commencement of the rating period, the

demand shall be made upon the person who was the owner of the

property on the day on which the assessment in respect thereof takes

effect under section 228, and shall be served within one month after that

day.

(2) Where section 211(2), (4), (5) and (7) apply in relation to any

property, it shall be sufficient compliance with this section to demand the

rates due in respect thereof from the person deemed to be the owner of

the property for the purposes of that section.

(3) Where rates are due in respect of contiguous properties in the

same ownership, the council may issue one demand note in respect

thereof, which shall be accompanied by a statement of the sums due on

each property.

(4) Every demand note shall be served as hereinafter provided,

and shall contain, in addition to a statement of the amount demanded, the

following particulars—

(a) the description of the property in respect of which the

demand is made;

(b) the assessed value of the property;

(c) the rate percentage;

(d) the rating period;

(e) the days on which instalments are due;

LAWS OF GUYANA


(f) the office or place at which the amount demanded is to

be paid;

(g) reference to interest chargeable under section 218;

(h) reference to discount allowable under section 215;

(i) an analysis of the expenditure on the principal services

of the council for the rating area as included in the approved

estimates.

217. Where any instalment of rates is not paid within thirty days from

the day on which it becomes due, default shall be deemed to have been

made in the payment thereof.

218. (1) A council shall be entitled to charge interest on any instalment

outstanding, from the day of default until the debt is discharged, at such

rate as it may decide, being not less than one per cent in excess of the

rate at which the council might have borrowed from its bankers on the

day the rates became due.

(2) The remedies for recovery of rates shall apply to any interest

which becomes payable under the provisions of this section.

219. (1) Where a period of three months has elapsed after default

under section 217 has occurred, the clerk of the council shall as soon as

practicable thereafter institute proceedings for the recovery of the rates.

(2) The clerk shall report to the council on action taken by him

under subsection (1).

(3) All proceedings under this section shall be in the name of the

council.

220. Rates shall be recoverable from the person liable for the payment

thereof—

(a) as a civil debt, irrespective of the amount, under the

Summary Jurisdiction (Petty Debt) Act; (b) by distraint under section 221 on movable property of

the person liable, whether such movable property is situated on the property in respect of which the rates are due or

elsewhere;

Default in

payment.

Interest on

arrears.

Proceedings

for recovery.

[13 of 1973]

Remedies.

[13 of 1973]

c. 7:01

LAWS OF GUYANA


(c) by parate execution under section 222, where the

property in respect of which the rates are due is immovable

property.

Distraint.

Seventh

Schedule.

c. 7:01

Parate

execution.

[1 of 1972

17 of 1988

6 of 1997]

221. (1) Where movable property is liable to distraint for rates, the

clerk of the council shall serve on the person liable for the payment

thereof a notice which shall set out the amount of rates remaining unpaid

and shall state that if such amount is not paid within fourteen days,

proceedings by way of distraint will be commenced.

(2) If payment is not made within fourteen days after the notice

is served under subsection (l), the clerk of the council shall make

application to the magistrate of the magisterial district in which the

offices of the council are situate for a warrant of distress, and the

magistrate, upon the production of a copy of the notice together with

proof of service, shall grant a warrant of distress under and by virtue of

which the movable property may be levied on and sold for the amount

of the rates together with costs.

(3) Where notwithstanding the provisions of this Act, any

movable property levied on and sold under this section is the property of

a person not being the person who is liable for the payment of the rates,

the owner of the movable property shall be entitled to recover from the

council the full value of the property so distrained, with costs.

(4) All warrants of distress issued under this section shall be in

the form set out in the Seventh Schedule and shall be executed in the

same manner as warrants of distress issued by a magistrate under the

Summary Jurisdiction (Petty Debt) Act, and the fees for the process

shall be the same as would apply to proceedings under that Act.

222. (1) Where rates are due in respect of any property, and the

remedy of distress is not available against the person liable for the

payment of such rates, or where it has been used and has proved

insufficient, the clerk of the council shall institute proceedings by way of

parate execution.

LAWS OF GUYANA


(2) Where a person owns two or more immovable properties on

which rates are due, proceedings under this section may be instituted

against any one of those properties and the whole of the rates due from

the owner of such properties together with costs, shall be taken from the

proceeds of sale of such property, but without prejudice to further

proceedings against the other property, should the proceeds of sale not

realise a sufficient sum to meet the whole of such rates and costs.

(3) Before any property is put up for sale in pursuance of the

proceedings brought under this section the property shall be valued by

the Chief Valuation Officer appointed to value property for rating

purposes under the Valuation for Rating Purposes Act.

(4) A reserve price based on the price of the property fixed by

the Chief Valuation Officer below which, subject to the other provisions

of this section, the property shall not be sold, shall be fixed by the

Registrar.

(5) The sale of the property shall be advertised by the Registrar

in three issues (as far as possible in consecutive issues) of at least one

newspaper having circulation in Guyana, on a conspicuous part of the

property and on the notice board of the Court or office where the auction

is proposed to be held and the advertisement shall contain--

(a) a description of the property with its location;

(b) the reserve price of the property;

(c) the date, time and place of the sale;

(d) any other matter that may be prescribed by the Minister

by regulations.

(6) The Registrar shall give a minimum of one week‟s notice to

the Central Housing and Planning Authority established under the

Housing Act of the date and time of every sale of property at auction for

the recovery of rates.

(7) The sale of the property shall not take place until the expiry

of at least three days from the date of the last advertisement as provided

for in this section.

c. 28:04

c. 36:20

LAWS OF GUYANA


(8) The Registrar shall in the first instance restrict the bidding to

a bidder who furnishes proof by affidavit to the Registrar that he or any

member of his family does not own a house or a housing plot or who

furnishes proof that though he owns a house or a housing plot such house

or housing plot is far removed from the location of his place of

employment or business, and that he wants the property he is bidding for

as a residence or for business:

Provided that if there is no such bidder willing to purchase the

property at a price equal to or higher than the reserve price, and there

are other bidders, who are willing to do so the Registrar may allow those

other bidders to bid at the said auction.

(9) In subsection (8) “family” means the person, his spouse and

minor children (whether born in or out of wedlock).

(10) If in connection with the sale of any property under this

section any person files an affidavit under subsection (8) which is false

in any material particular he shall be liable to a fine of fifteen thousand

dollars and imprisonment for one year, and if he is the purchaser of the

property the sale shall be set aside.

c. 36:20

(11) On the day fixed for sale of the property if there are no

buyers or if all the biddings fall below the reserve price, on a request

made therefor by the Central Housing and Planning Authority

established under the Housing Act, the Registrar shall sell the property

at the reserve price to that Authority and notwithstanding anything

contained in the Housing Act the aforesaid Authority shall have power

to purchase the property under this section:

Provided that if the Central Housing and Planning Authority does

not request to purchase the property, the sale shall be postponed to a date to be fixed

by the Registrar, which shall be not later than twenty-one days from that day

and thereupon the sale shall be re-advertised in the same manner

provided for in subsection (5) and the property sold by the Registrar to

the highest bidder without reserve.

(12) If before, or on the date of the sale at any time before the

sale is completed, the owner of the property or any other person

authorised by him to do so produces before the marshal conducting the

LAWS OF GUYANA


sale a certificate from the treasurer of the council stating that a sum

equivalent to the amount of rates and interest due thereon up to the day

of the sale, as certified by the treasurer of the council, together with

costs, including costs of the proceedings related to the sale, has been paid

to the treasurer, the marshal shall cancel the proposed sale.

(13) The Provisions of subsections (3), (4), (5), (6), (7), (8), (9),

(10), (11), (12), and (14) shall apply to parate execution under this section

notwithstanding any other law to the contrary.

(14) The Minister may by regulations make provision with

respect to all or any of the following matters—

(a) the matters to be taken into account in valuing any

property for the purposes of this section;

(b) subject to the provisions of this section and the rules of

the High Court, the procedure relating to the sale of the

property;

(c) requiring the council to pay the cost of advertisement in

a newspaper under subsection (5) and for payment of the

sums to the council from the proceeds of the sale of the

property.

(15) On sale of any property by parate execution under this

section, the marshal, after deducting the costs, including the costs of

passing transport or registering a transfer in the case of registered land,

shall, within thirty days pay to the treasurer the amount due to the council

or where the proceeds of sale are insufficient to meet the whole of the

amount due, the balance of the proceeds of sale after deduction of costs,

and shall furnish the treasurer with a return showing the date of sale, the

name of the purchaser, the amount realised and the amount of costs.

(16) A council may purchase any property offered for sale under

this section.

(17)(a) Transport of the property, or transfer in the case of

registered land, to the purchaser, shall be effected by the marshal in

accordance with section 27 of the Deeds Registry Act, or section 124

of the Land Registry Act, as the case may be;

c. 5:01

c. 5:02

LAWS OF GUYANA


(b) where the property consists of a right, title or interest under

section 211(7) and the property in respect of which such right, title or

interest subsists is registered land, the marshal shall effect a transfer of

such right, title or interest in accordance with section 124 of the Land

Registry Act;

(c) where the property consists of right, title or interest under

section 211(7) and the property is not registered land, the Commissioner

of Lands, on a certificate of the marshal that the purchaser has paid the

full purchase price and costs therefor, shall record the transfer to the

purchaser in the appropriate register.

(18) Nothing in this section shall be construed as affecting the

operation of the Deeds Registry Act, or the Land Registry Act or any

rules, regulations or fees for the time being in force thereunder.

Proof of

amount due.

Error in

proceedings

for recovery.

Rates

recoverable

after rating

period.

223. In any proceeding for the recovery of rates, any document signed

by the treasurer of the council, containing a statement of the amount due

in respect of rates on any property shall, without proof of that signature

and without proof of any other matter or thing, be prima facie evidence

that the amount so claimed is due and payable.

224. (1) No error or omission committed in any proceeding for the

recovery of rates shall prejudice the recovery thereof, nor shall the

proceeding lapse, cease or abate, by reason of the death, resignation or

removal of the clerk of the council but the clerk for the time being may

prosecute and continue the proceedings commenced and carried on in

the name of the previous clerk in all respects as if the proceedings had

been taken by himself.

(2) No person may sue an officer or other person employed in

executing any warrant of distress for recovery of rates, by reason of any

error or omission therein.

225. (1) The payment of any rates may be enforced notwithstanding

that the rating period has terminated.

LAWS OF GUYANA


(2) Where on a transfer of property or a judicial sale any sum by

way of rates or interest or costs in respect thereof remains unpaid such

sum with interest till the day of payment shall be recoverable from the

owner by virtue of such transfer or sale notwithstanding that he was not

the owner at the time, when the sum became due.

226. Where any person liable for rates is declared insolvent or goes

into liquidation or where a judicial sale not at the instance of a council

takes place, the claim of the council for such rates and interest thereon

shall be treated as a preferential claim over all claims other than those

in respect of sums due to the Government:

Provided that notice of the claim has been given by the clerk of the

council to the Official Receiver or Registrar, as the case may be, within

seven days of the notice relating to insolvency, liquidation or judicial sale

appearing in the Gazette.

227. (1) Every council shall cause to be kept in respect of each rating

period, a record showing the rates assessed on the properties within

each rating area in the council area including properties and owners

exempted under sections 213 and 214.

(2) The entries to be recorded shall be completed within twenty-

eight days after the day on which the rate percentage is published and

shall be open to inspection at the offices of the council at all reasonable

hours by any ratepayer for such period as any rates in that rating period

are unpaid.

(3) Where one of several joint owners or joint occupiers has been

designated by the council as owner under section 211, for the purposes

of that section, it shall be sufficient to enter his name with the addition

after his name of the words “and another” or “and others”, as the case

may require.

228. (1) A council may, at any time—

(a) correct any error or omission in any rate record;

Preferential

claims.

Rate record.

Amendment of

rate record.

LAWS OF GUYANA


(b) add to or otherwise amend the rate record as may from

time to time become necessary by reason of new or altered

assessments.

(2) Every amendment made under subsection (l)(a) shall have

effect as if it had been inserted in the rate record made under section 227,

and all sums paid or payable as a rate shall be re-adjusted accordingly.

(3) In the case of a property added to or an altered assessment

in the rate record, the rates shall be payable from the date the

assessment takes effect.

Power to levy

special rate.

Power to enter

into contracts.

Notice inviting

tenders.

[25 of 1973

27 of 1997]

229. A council shall have power to make and levy a special rate on the

value of property in the valuation list in a rating area, or part thereof, for

the improvement of that area, or part thereof, or for the liquidation of any

claim for compensation admitted or awarded for loss sustained by

reason of any building, paling or erection being pulled down or otherwise

destroyed for the purpose of arresting any fire in the rating area; and any

such special rate shall be recoverable and preferent in the same manner

as a general rate.

PART VII

CONTRACTS

230. A council may enter into contracts necessary for the discharge

of any of its functions.

231. (1) Subject to subsection (2)—

(a) a council shall, except in those cases provided for in

sections 232, 233 and 234 and except in the case of contracts

made pursuant to section 271, before entering into any

contract for the execution of any work or the supply of any

goods to the value of two hundred and fifty thousand dollars

or more, give notice of such proposed contract and shall, by

such notice, invite any person willing to undertake the same

to submit a sealed tender thereof to the council not later than

a day and hour which shall be specified in such notice;

LAWS OF GUYANA


(b) a council shall not open or consider any tender or enter

into any contract to which the subsection applies until after the

time specified in the notice and shall then consider all tenders

which have been submitted by that time.

(2) The Minister may by directions in writing exempt any council

from compliance with the requirements of subsection (1) in the case of

any particular work or goods.

232. (1) A council may, in respect of such work and such goods as it

shall determine, nominate persons who are able and willing to execute

any such work or supply any such goods.

(2) Any person may apply to the council to be nominated in

accordance with and for the purposes of this section, and the council

may require any applicant to furnish it with such particulars or samples

as it may specify before considering the application.

(3) The council may cancel the nomination of any person made

in accordance with and for purposes of this section upon giving to such

person not less than one month‟s notice in writing of its intention so to

do, which notice shall specify the grounds upon which the council

proposes to cancel the nomination; and the council shall consider, before

deciding whether or not to cancel the nomination, any representations

made by such person.

(4) Any person who has applied to the council to be nominated

in accordance with and for the purposes of this section and has not been

so nominated or whose nomination has been cancelled may appeal to the

Minister, and the Minister may either uphold the decision of the council

or direct the council to nominate or to re-nominate such person.

(5) The council shall cause to be prepared, and to be kept up to

date, a list of all persons for the time being nominated by it in accordance

with and for the purposes of this section, and such list shall in relation to

each such person show in respect of what work or goods he has been

so nominated; and a copy of such list shall be open to public inspection

at the offices of the council.

Council

contractors.

LAWS OF GUYANA


(6) When a council requires the execution of any work or the

supply of any goods in respect of which it has nominated any person in

accordance with and for the purpose of this section, the council may,

notwithstanding section 231, invite only those persons to submit tenders

who have been so nominated in respect of the work or goods required;

but the council shall invite all such persons to submit tenders.

Acceptance of

tenders.

Variation of

tender

procedure in

cases of

emergency.

[27 of 1997]

Perishable

goods.

Contracts with

Government.

233. A council may accept any tender which, having regard to all the

circumstances appears to the council to be the most advantageous, and

may take security for the due and faithful performance of every

contract, or the council may decline to accept any tender:

Provided that all tenders received shall be recorded by the clerk.

234. In cases of emergency, or where the delay from inviting tenders

in the manner provided in this Part would result in loss to the council, the

council may authorise the making of contracts or purchases to the value

of two hundred and fifty thousand dollars or more without publication of

the notice required by section 231(1), or the invitations to tender

mentioned in section 232(6):

Provided that in all such cases the council shall specify the method

of inviting tenders and the period within which tenders shall be

submitted.

235. Nothing in this Part shall apply to any contract for the purchase

by a council of produce or other perishable goods bought in a public

market, or to any purchase entered into by a council as the result of

bidding at public auction.

236. A council may enter into contracts with, and may act as agents

of, the Government or any authority for the purpose of any work or

service for which the Government or such authority is responsible within

or adjacent to its council area.

LAWS OF GUYANA


PART VIII

ACQUISITION OF AND DEALINGS IN LAND

237. (1) A council may, with the consent of the Minister, by

agreement acquire whether by way of purchase, lease, exchange or

acceptance as a gift and may, subject to this Part, compulsorily purchase

any land within its council area for the purpose of any of its functions.

(2) The land acquired or compulsorily purchased under this

section may be an easement, right, power, privilege or other interest

which did not previously exist as such, in, over or in connection with land.

238. Any land belonging to a council and not required for the purposes

for which it was acquired may be appropriated for any other purpose for

which the council is empowered to acquire land.

239. A council may let any land which it may possess.

240. A council may, with the approval of the Minister—

(a) sell, at the best price that can be obtained, any land which

it may possess and which is not required for the purpose for

which it was being used;

(b) exchange any land which it may possess for any other

land either with or without paying or receiving any money for

equality of exchange.

Acquisition of Land by Compulsory Process

241. (1) No land shall be acquired by compulsory process under this

Part unless a council has first caused to be served upon each of the

owners of the land, or such of them as can, after diligent enquiry, be

ascertained, a notice inviting the person on whom the notice is served to

treat with the council for the sale of the interest of that person in the land:

Provided that no such notice shall be served unless the council has

first obtained the consent of the Minister to service thereof.

Power to

acquire land.

Power to

appropriate

land.

Power to let

land. Power to sell

or exchange

land.

Notice to treat.

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(2) Where service on an owner cannot be effected under

subsection (1) in accordance with section 312, service on that owner

may be effected by causing a copy of the notice to treat to be published

in the Gazette and in a newspaper circulating in Guyana and—

(a) if the land is occupied, leaving a copy of the notice to

treat with the occupier; or

(b) if the land is not occupied, affixing, if practicable, a copy

of the notice to treat to a conspicuous part of the land,

and the notice to treat shall be deemed to have been so served on the day

on which the copy is published in the Gazette as aforesaid, is so left with

the occupier or is so affixed, whichever last occurs.

(3) Where, in relation to any land, a notice to treat has been

served in accordance with subsection (1) or subsection (2) it shall not be

necessary for the council to serve any further notice to treat in relation

to such land solely on account of any change in ownership of the land

after the day on which the notice is served under subsection (1) or is

deemed to have been served under subsection (2), as the case may be.

(4) A person served with a notice to treat in respect of land may,

not later than fourteen days after the service of the notice, furnish to the

council particulars of—

(a) the interest claimed by him in the land;

(b) the amount for which he is agreeable to sell his interest

in the land; and

(c) the name and address of any other person known to him

to have an interest in the land and the nature of that interest.

(5) Upon receipt of the particulars referred to in subsection (4),

the council may treat with the person furnishing the particulars for the

acquisition of the interest of that person in the land by agreement and

may enter into an agreement with that person for that acquisition.

(6) The council may, by notice in writing to a person served with

a notice to treat, withdraw the notice to treat.

LAWS OF GUYANA


242. (1) Without prejudice to the liability of a council under any

contract for the acquisition of land by agreement under this Act and

subject to subsection (2), where a period of twenty-eight days has

expired after the service of a notice to treat, or of notices to treat, in

relation to land, the Minister may authorise that the land or any interest

in the land (not including an interest in respect of which a notice to treat

has been withdrawn) be acquired by compulsory process under this Part

for the purpose of any function of the council approved by him.

(2) No authorisation for the acquisition of land by compulsory

process shall be given by the Minister under subsection (1) in respect of

any land to which sections 246 to 256 (inclusive) apply unless the

requirements of those provisions have been complied with.

(3) The council shall cause to be published in the Gazette a notice

of any authorisation for the acquisition of land by compulsory process by

the Minister under subsection (1) and, in the notice, shall declare that the

land has been acquired under this Act for the purpose of a function of

the council approved by the Minister.

(4) Upon the publication of the notice in the Gazette the land to

which the notice applies shall, by force of this Act—

(a) be vested in the council;

(b) be freed and discharged from all interests, trusts,

restrictions, dedications, reservations, obligations, contracts,

licences, charges and rates,

to the intent that the legal estate in the land and all rights and powers

incident to that legal estate or conferred by this Act shall be vested in the

council.

243. (1) Subject to subsection (2), the interest of every person in the

land to which a notice under section 242 applies, shall, on the date of

acquisition of the land be converted into a right to compensation under

this Part.

Compulsory

acquisition.

Conversion of

estates and

interests into

claims for

compensation.

LAWS OF GUYANA


(2) Where an easement, right, power, privilege or other interest

which did not previously exist as such, in, over or in connection with land

is acquired, the interest of every person in that land shall, on the date of

the acquisition, and to the extent to which that interest is affected by the

acquisition be converted into a right to compensation under this Part.

Validity of

authorisations.

Power of court

to adjust

rights.

244. If any person aggrieved by an authorisation of the Minister under

section 242(1) for the acquisition of land by compulsory process desires

to question the validity thereof on the ground that the authorisation is not

empowered to be granted under this Part or on the ground that any

requirement of this Part has not been complied with in relation to the

authorisation, he may, within three weeks from the date on which notice

of the authorisation is published in the Gazette, make an application to

the Court and on any such application the Court—

(a) may by interim order suspend the operation of the

authorisation either generally or in so far as it affects any

property of the applicant, until the final determination of the

proceedings;

(b) shall order the applicant to give such security for costs

as the Court thinks fit before making any such order; and the

security so given shall remain in force until the matter is finally

determined;

(c) if satisfied that the authorisation is not empowered to be

granted under this Part or that the interests of the applicant

have been substantially prejudiced by any requirement of this

Part not having been complied with, may quash the

authorisation either generally or in so far as it affects any

property of the applicant.

245. (1) Notwithstanding anything contained in this Part where land is

acquired by compulsory process under this Part, the court may, upon the

application of the council concerned or any person affected, make such

orders as to the Court seem proper for declaring or adjusting rights and

liabilities in connection with the land or with transactions in relation to the

land or otherwise affected by the acquisition.

LAWS OF GUYANA


(2) Without limiting the generality of the powers conferred by

subsection (1), the orders which may be made under that subsection

include—

(a) an order for the payment or repayment of moneys;

(b) an order discharging a person from an obligation to pay

moneys;

(c) where there was a subsisting contract of sale of the land,

an order with respect to the rights and liabilities of the parties

to that contract; and

(d) where there was a charge or encumbrance over the

land—

(i) an order releasing a person in whole or in part from

a personal covenant or obligation in relation to the charge or

encumbrance; and

(ii) an order apportioning the charge or encumbrance

between the land acquired and other land subject to the

charge or encumbrance.

246. (1) Where land is acquired by compulsory process under this

Part, the council shall, as soon as practicable after the date of acquisition

of the land, cause a copy of the notice of acquisition of the land published

under section 242 to be served upon the owners of the land, or such of

them as can, after diligent inquiry, be ascertained.

(2) Where—

(a) the council is unable, after diligent inquiry, to ascertain

the identity of an owner; or

(b) service on an owner cannot be effected under

subsection (1) in accordance with section 312,

service on that owner may be effected by causing a copy of the notice

of acquisition to be published in a newspaper circulating in Guyana

and—

(c) if the land is occupied, leaving a copy of the notice of

acquisition with the occupier; or

Notice to

owner.

LAWS OF GUYANA


(d) if the land is not occupied, affixing, if practicable, a copy

of the notice of acquisition to a conspicuous part of the land.

Registration of

notification.

Notice of

proposal to

acquire.

Objections to

proposed

acquisition.

247. (1) Where land has been acquired by compulsory process under

this Part, the council may lodge with the Registrar of Lands a copy,

certified under the hand of its clerk, of the notice of acquisition of the land

published under section 242.

(2) The Registrar of Lands may register the acquisition in the

same manner in which dealings with registered land are registered.

248. (1) Before the Minister authorises the compulsory acquisition of

any land under section 242(1), the council shall—

(a) publish in the Gazette and in a newspaper circulating in

Guyana a notice of the proposed acquisition;

(b) cause to be served upon each of the persons who are

owners of the land at the date of the publication of such notice

in the Gazette, or such of them as can, after diligent inquiry,

be ascertained, a copy of such notice; and

(c) if practicable, cause a copy of such notice to be affixed

to some conspicuous part of the land.

(2) The notice of the proposed acquisition shall contain the

following particulars—

(a) a description of the land proposed to be acquired

including its location, area and boundaries;

(b) the purpose for which the land is required;

(c) the time within which and the manner in which objection

to the proposed acquisition may be made;

(d) the address for service of the council.

249. (1) Within thirty days of the publication of the notice under

section 248(1)(a) any person having an interest in the land may serve on

the council notice of objection to the proposed acquisition.

LAWS OF GUYANA


(2) The notice of objection shall contain the name and address of

the objector or his legal representative and shall state in full the grounds

upon which the objection is based, and may propose alternative land for

the purposes of the proposed acquisition.

250. As soon as practicable after a notice of objection has been served

on the council under section 249 and in any event before the holding of

an inquiry under section 252, the council shall serve on the objector a

statement of the reasons for the proposed acquisition.

251. (1) Where notice of any objection has been given under section

249, the Minister shall appoint an inspector who may be a public officer,

to inquire into such objection.

(2) Every appointment of an inspector under this section shall be

notified in the Gazette.

252. (1) The inspector shall, as soon as practicable after his

appointment, arrange for the holding of an inquiry into the objection and

shall notify the objector and the council of the time and place at which

the inquiry is to be held.

(2) For the purposes of the inquiry the inspector shall—

(a) give the objector and the council an opportunity of being

heard, either in person or by legal representatives;

(b) consider such evidence, either oral or documentary, as

the objector and the council may present, and such other

evidence as the inspector thinks desirable for the purpose of

properly inquiring into the objection:

Provided that the inspector shall give the objector and the council an

opportunity of commenting upon any statement, representation or

evidence presented by the council and the objector, respectively.

(3) The inspector shall hold the inquiry in public.

253. The inspector shall on completion of the inquiry, submit a report

to the Minister which shall contain the following matters—

Reasons for

proposed

acquisition.

Appointment

of inspector.

Holding of

inquiry.

Submission of

report to

Minister.

LAWS OF GUYANA


(a) a summary of the reasons advanced by the objector

against the proposed acquisition;

(b) a summary of the reasons advanced by the council in

support of the proposed acquisition;

(c) in cases where alternative land has been proposed by the

objector—

(i) a summary of the reasons advanced by the objector

in support of the suitability of such alternative land;

(ii) a summary of the reasons advanced by the council

against the suitability of such alternative land;

(d) any factors or considerations to which the inspector

thinks special attention ought to be drawn.

Consolidation

of objections.

Copy of

report to be

given to

objector and

Council.

Reasons for

decision to be

given to

objector.

254. Where, in respect of the proposed acquisition of land, more than

one notice of objection has been served on the council the inspector shall,

unless for special reasons he considers it to be undesirable to do so,

consider all such objections at one inquiry and shall submit one report to

the Minister in respect thereof.

255. The inspector shall cause a copy of his report submitted to the

Minister in accordance with section 253 to be served on the objector and

the council.

256. Where a notice of objection has been served on the council in

respect of the proposed acquisition of any land by compulsory process

under this Part, and subsequent thereto, the Minister authorises such

acquisition the Minister shall furnish the objector with a statement in

writing of the reasons why he considers that the land should be acquired

as aforesaid, if requested by the objector to state such reasons on or

before the date of the publication of the notice of acquisition required to

be published under section 242(3).

LAWS OF GUYANA


Entry Upon Land

257. (1) Any person authorised by a council to act under this section

may, for the purpose of ascertaining whether land is suitable for

acquisition for the purpose of a function of the council or of surveying

or obtaining information in relation to land which the council or person

so authorised considers suitable for such a purpose—

(a) enter upon the land, or upon adjoining land, with such

persons, vehicles and things as he thinks fit; and

(b) make surveys, take levels, sink pits, examine the soil and

do any other thing in relation to the land:

Provided that no person so authorised shall enter any land as

aforesaid without previously giving the occupier thereof at least seven

days‟ notice in writing of his intention to do so.

(2) If a person hinders or obstructs a person authorised under this

section to enter on land in the exercise of any of his powers under this

section in relation to that land, the magistrate‟s court for the magisterial

district wherein such land is situated may, on the application of the

person so authorised grant a warrant authorising a person named in the

warrant to enforce the entry upon the land, and to prevent hindrance or

obstruction to the exercise of any power under this section in relation to

the land, and for those purposes to use such force and assistance as are

necessary, and the entry upon, and the examination of, the land may be

enforced in accordance with the warrant.

(3) Where any person hinders or obstructs the exercise of any

powers under a warrant issued under subsection (2) he shall be guilty of

an offence.

258. Where the owner of an interest in land suffers loss or damage by

reason of the exercise, in relation to the land, of the powers conferred

by section 257, there shall be promptly paid to him by the council

adequate compensation, and such compensation shall be determined by

agreement between the owner and the council, or in the absence of

agreement, by the Court on application by the owner.

Power to

examine lands.

Compensation

for damage.

LAWS OF GUYANA


Compensation

Adequate and

prompt

compensation

for acquisition.

Right to apply

to court for

compensation.

Agreement and

arbitration.

c. 7:03

Powers of

certain limited

owners.

259. Adequate compensation shall be promptly paid by the council

concerned to a person who has a right to compensation under section

243.

260. (1) Any person claiming compensation in respect of land

acquired by compulsory process by a council may apply to the Court for

the determination of his interest in or right over the land and the amount

of compensation; and the costs of and incidental to proceedings in the

Court shall be in the discretion of the Court.

(2) Any party to any proceedings in the Court relating to a claim

under subsection (1) shall have the same rights of appeal as he has for

the purpose of and in relation to an action in the Court.

261. (1) Without prejudice to the rights conferred by section 260 a

council and a person claiming compensation in respect of land acquired

by compulsory process may by agreement determine the amount of

compensation payable or may agree to submit the determination of that

amount to arbitration in accordance with this section.

(2) Where an agreement for arbitration is made, the Arbitration

Act shall apply, subject to the agreement, to and in relation to the

agreement and to and in relation to the arbitration under the agreement.

Persons Under Disability and Certain Limited Owners

262. A person including a corporation which has no power, or limited

power only, to dispose of land, a tenant for life, a guardian, a committee

of a lunatic or idiot, a trustee, an executor or administrator, a person for

the time being entitled to the receipt of the rents and profits of land in

possession or a lessee, possessed of, or entitled to, land, or having the

management of land on behalf of a person under a legal disability may,

by force of this Part and for any of the purposes of this Part and

notwithstanding anything to the contrary in any law, deed of settlement

or other deed, will, memorandum, or articles of association or

instrument—

LAWS OF GUYANA


(a) lease, sell, transfer or convey the land or any interest in

the land;

(b) if the land is acquired by compulsory process take any

action authorised by sections 260 and 261 to be taken by a

person claiming compensation.

263. (1) The powers conferred by section 262 may be exercised—

(a) by a person other than a lessee, not only on behalf of

himself and his heirs, executors, administrators and

successors, but also on behalf of every person entitled in

reversion, remainder or expectancy after him, and in

defeasance of the estate of every person so entitled;

(b) by a guardian, on behalf of his ward, and to the extent to

which the ward could exercise those powers if he were not

under a disability;

(c) by the committee of a lunatic or idiot, on behalf of the

lunatic or idiot, and to the extent to which the lunatic or idiot

could exercise those powers if he were not under a disability;

and

(d) by a trustee, executor or administrator, on behalf of his

cestuis que trust (whether infants, issue unborn, lunatics,

idiots or other persons) to the same extent as the cestuis que

trust could exercise those powers if they were not under a

disability.

(2) Where a person specified in section 262 leases or sells land

of which he is not the beneficial owner, or agrees to accept

compensation in respect of the acquisition under this Part of any such

land and that person was not otherwise empowered to grant the lease

or to make the sale or agreement, the lease, sale or agreement shall have

no force or effect unless approved by the Court.

Exercise of

powers.

LAWS OF GUYANA


General

Agreements to

remain in

possession.

Warrants to

obtain

possession.

Interpretation.

264. Where a person was in possession of land acquired by

compulsory process under this Part immediately before the date of

acquisition of the land, the council may enter into an agreement with that

person under which that person is permitted to remain in possession of

the land on such terms and conditions as are specified in the agreement.

265. (1) If a person who is in possession of land acquired by

compulsory process under this Part, other than a person permitted to

remain in possession under section 264, refuses or fails, when required

by the council so to do, to give up possession of the land, or hinders or

obstructs the council or a person authorised by the council in taking

possession of the land, a magistrate‟s court may, on the application of

the council, grant a warrant authorising a person named in the warrant

to enter on the land and deliver up possession of the land to the council

and for those purposes to use such force and assistance as are

necessary.

(2) Where any person hinders or obstructs the exercise of any

powers under a warrant issued under subsection (1), he shall be guilty

of an offence.

266. In this Part—

“interest” in relation to land means—

(a) a legal or equitable estate or interest in land;

(b) a right, power or privilege over, or in connection with, the

land;

“lease” includes an agreement for a lease.

LAWS OF GUYANA


PART IX

FUNCTIONS OF COUNCILS

Drainage and Irrigation

267. (1) The Minister after consultation with the relevant council or

councils may by order appoint a council area or any part thereof which

does not form part of a drainage and irrigation area so declared under

section 18 of the Drainage and Irrigation Act to be a Council drainage

area.

(2) Any order made under this section and any order varying or

amending any such order shall be published in the Gazette and in three

consecutive issues of at least one newspaper circulating in Guyana.

(3) The owner of any land situated within a council drainage area

may at any time apply to the Minister to exclude his land from the council

drainage area; and the owner of any land in the council area situated

outside the council drainage area may at any time apply to the Minister

to include his land within the council drainage area.

(4) Upon receipt of any application under subsection (3) the

Minister shall cause inquiry to be made into the representations

submitted and shall make such order as is necessary to give effect to his

determination.

(5) If any council drainage area, or part thereof, is declared under

section 18 of the Drainage and Irrigation Act to be a drainage and

irrigation area, such council drainage area or part thereof, as the case

may be, shall cease to be or form part of a council drainage area.

268. A council shall in any council drainage area—

(a) cause to be made and maintained in good order the

drainage works necessary for effectually draining and

irrigating the council drainage area;

Council

drainage areas.

[13 of 1973]

c. 64:03

Responsibility

of councils for

council

drainage areas.

LAWS OF GUYANA


(b) cause all drainage works in the council drainage area so

to be kept as not to be injurious to health and to be properly

cleansed and drained.

Power to

require owners

in council

drainage area

to maintain

drainage

works.

Power to

require owners

outside council

drainage areas

to repair

certain

drainage

works.

269. (1) An owner of land in a council drainage area shall maintain all

drainage works thereon to the satisfaction of the council and so as to

prevent the flooding of any lands within the area and the waste of water;

and for these purposes the council may by notice served on the owner

require him to repair or maintain any drainage work thereon.

(2) If the owner fails to comply with a notice served under this

section, any person authorised in writing by the council may enter upon

the land with such persons, vehicles and things as are necessary for the

purpose and repair or maintain any drainage work or portion thereof in

accordance with the notice; and the cost of so doing shall be recoverable

by the council from the owner.

270. (1) If the owner of any canal or drain situate without a council

drainage area wilfully or negligently keeps such canal or drain foul and

offensive and thereby injuriously affects the council drainage area, or,

if the owner of land situate without such area wilfully or negligently fails

to repair any dam, sluice, koker, canal or drain on his land and such failure

endangers the safety, or materially impairs the efficiency, of any

drainage work under the control or management of the council, the

council may, by notice in writing served on the owner of the drain or

canal, or of the land require him to clean such canal or drain, or repair

such dam, sluice, koker, canal or drain.

(2) If the owner of the canal or drain, or of the land, as the case

may be, fails within seven days of the service of a notice under this

section, to commence the work required by the notice, or, having

commenced the work, unreasonably delays its completion, any person

authorised in writing by the Council may enter on the land of the owner

with such persons, vehicles and things as are reasonably necessary for

the purpose and perform or complete the work, as the case may require;

and the cost of so doing shall be recoverable by the council from the

owner.

LAWS OF GUYANA


271. (1) A council may enter into contracts with owners of land situate

without a council drainage area for the purpose of affording to the area

effectual drainage for such term of years or for such consideration as

may be agreed.

(2) A council may authorise the making of a contract pursuant to

this section without publication of the notices required by section 231(1)

or the invitations to tender mentioned in section 232(6).

272. The powers conferred upon a person authorised pursuant to

section 257 to enter upon and examine land shall apply to a person

authorised by a council to act under this section for the purpose of

ascertaining—

(a) whether drainage works on land in a council drainage

area are being maintained in accordance with section 268;

(b) the state of maintenance of the drainage works specified

in section 269(1),

and the provisions of section 258 shall apply where the loss or damage

is suffered by the owner of the land by reason of the exercise, in relation

to the land, of the powers conferred by this section.

273. If a person hinders or obstructs a person authorised under section

268(2) or section 269(2) in the exercise of any of his powers under those

subsections, section 257(2) and (3) shall apply.

Roads

274. A council shall have power, subject to the provisions of the Town

and Country Planning Act, the Roads Act and the Motor Vehicles and

Road Traffic Act to construct, maintain, repair, protect and carry out

works for the betterment of council roads in its council area and to

regulate and control traffic thereon.

Contracts with

owners of

land.

Power of entry

upon land for

inspection.

Obstruction.

Power to

construct

council roads

and control

traffic.

[4 of 1972]

c. 20:01

c. 51:01

c. 51:02

LAWS OF GUYANA


Power to enter

upon adjoining

land.

Traffic control.

275. (1) For the purposes of the construction, maintenance, repair,

protection and carrying out of works for the betterment of council roads,

any person authorised by a council to act under this section may enter

upon any adjoining land within the council area with such persons,

vehicles and things as he thinks fit and may do thereon any or all of the

following—

(a) inspect the soil and drainage;

(b) dig, cut, take and remove from any uncultivated lands

adjacent to the road any road materials;

(c) control or divert the drainage and construct and maintain

dams, drains and trenches;

(d) cause any koker to be opened at any material time to

allow through passage of any craft carrying materials

required for road purposes;

(e) deposit and store any materials required for road

purposes;

(f) erect on any portion of uncultivated land and maintain

thereon structures for the accommodation of persons

employed upon the works and for the storage of vehicles,

tools and equipment and occupy such structures and the land

necessary for their use and for ingress and egress:

Provided that no person so authorised shall enter upon any land as

aforesaid without previously giving the occupier thereof at least seven

days‟ notice in writing of his intention to do so.

(2) If a person hinders or obstructs a person authorised under this

section in the exercise of any of his powers under subsection (1), section

257(2) and (3) shall apply; and where loss or damage is suffered by the

owner of the adjoining land by reason of the exercise, in relation to the

land, of the powers conferred by this section, section 258 shall apply.

276. Without prejudice to the generality of the power to regulate and

control traffic on council roads conferred by section 274, but subject to

the provisions thereof a council may—

(a) establish, maintain and control car parks;

(b) erect and maintain parking meters;

LAWS OF GUYANA


(c) regulate the standing and parking of vehicles on council

roads;

(d) erect and maintain traffic control signals and traffic

signs on council roads;

(e) regulate the speed of vehicles on council roads;

(f) designate particular council roads as one-way roads or

one-way streets and require all vehicles thereon to move in

one specified direction;

(g) require vehicles to stop before entering or crossing any

council road or to yield to other traffic;

(h) restrict the use of any council roads to vehicles of

specified types or weights.

277. (1) A council may for such periods as it considers necessary for

the protection of a council road or the users thereof, or for the carrying

out of road works, order that the road or any portion thereof be closed

to all or specified types of vehicles.

(2) As soon as practicable after an order under this section has

been made, the council shall cause to be displayed such road signs,

warning notices or barriers as it considers will suffice to convey to the

public adequate intimation of the effect of such order, and the council

shall cause any such order to be published.

(3) Any person who uses or causes or permits a vehicle to be

used in contravention of an order made under this section shall be guilty

of an offence and on summary conviction shall be liable to a fine of not

less than one thousand six hundred and twenty-five dollars nor more than

sixteen thousand two hundred and fifty dollars.

278. (1) No person shall construct any private access to a council

road, or any other facility or appurtenance for the purpose of access

thereto except with the written permission of the council:

Provided that permission for private access to a council road shall

not be refused by a council unless there exists reasonable access

thereto.

Authorised

closure of

road.

[25 of 1973

6 of 1997]

Private access

to council

roads.

LAWS OF GUYANA


(2) The permission of the council for the construction of an

access road, facility or appurtenance shall be subject to such terms and

conditions as may be imposed by the council; and the construction and

maintenance thereof shall be to the satisfaction of the council and at the

expense of the applicant.

(3) If a person to whom permission is granted to construct an

access road, facility or appurtenance, contravenes any of the terms and

conditions to which the permission is subject or if he fails to maintain such

road, facility or appurtenance to the satisfaction of the council, the

council may remove all such installations, and the cost thereof shall be

recoverable by the council from such person.

Offences in

relation to

council roads.

[25 of 1973

27 of 1997]

279. (1) No person shall—

(a) use any drain or ditch which is part of a council road for

any purpose which is not authorised by the council;

(b) operate, drive or move any vehicle on a council road

unless such vehicle is so constructed or loaded as to prevent

any of its load from dropping, sifting, leaking or otherwise

escaping therefrom;

(c) operate, drive or move on any council road any vehicle

with any load unless such load and any covering thereon are

securely fastened so as to prevent such load or covering from

becoming loose, detached, or in any manner a hazard to other

users of the road;

(d) throw or deposit upon any council road any glass, bottle,

nail, tack, wire, can or anything likely to injure any person,

vehicle or animal on the road;

(e) operate, drive or move on any council road any vehicle

having any metal tyre in contact with the roadway or having

on the periphery of any wheel of the vehicle any block, stud,

flange, cleat or spike or any other protuberance of any

material other than rubber which projects beyond the tread of

the traction surface of the tyre;

(f) erect any temporary or permanent structure on a council

road without the authority of the council:

Provided that—

LAWS OF GUYANA


(i) the prohibition in paragraph (b) shall not preclude the

sprinkling of water or other substance on a council road for

cleaning or maintenance purposes;

(ii) the prohibition in paragraph (e) shall not preclude the

driving or moving on a council road of farm machinery

having tyres with protuberances not calculated to damage

the road.

(2) Any person who contravenes subsection (1) shall be liable on

summary conviction to a fine of not less than five thousand dollars nor

more than twenty thousand dollars.

(3) Any person who—

(a) fails forthwith to remove any injurious substance which

he has let fall, or which has fallen from any vehicle in his

charge, on a council road;

(b) fails, when removing a wrecked or damaged vehicle

from a council road, also to remove any glass or other injurious

substance which has fallen on the road from the vehicle,

shall be liable on summary conviction to a fine of not less than five

thousand dollars nor more than twenty thousand dollars.


(a) burns or orders or permits the burning of any earth on a

council road;

(b) cuts down any tree so that it falls upon or obstructs a

council road;

(c) throws any litter, refuse or other material on a council

road;

(d) directs a water course so as to cause damage to a

council road;

(e) without the permission of the council, removes any

material from a council road or place where road materials

are deposited;

(f) wilfully or negligently causes damage to a council road

or structure pertaining thereto;

LAWS OF GUYANA


(g) having on a council road blocked or scotched the wheel

of a vehicle, allows the stone or other thing used therefor to

remain on the road after the vehicle has moved away;

(h) removes or destroys any barrier placed on a council road

without the authority of the council;

(i) wilfully resists, obstructs, hinders or molests, or incites,

procures or assists another to resist, obstruct, hinder or molest

any person acting under the authority of a council in the

discharge of any duty or the performance of any act lawfully

authorised or required to be done in relation to council roads;

(j) without lawful authority alters, defaces, injures or

removes any authorised traffic sign or any inscription thereon

erected on any council road or in any way marks or defaces

the surface of any such road, or attempts to do any of the

aforementioned acts;

(k) erects any sign, device or structure in such a manner that

it obscures or conceals an authorised sign or other traffic

device on a council road so as to interfere with the full and

effective use of such sign or other device;

(1) displays, erects or locates any unauthorised sign, signal

or other traffic device upon a council road;

(m) erects or maintains on a council road any unauthorised

traffic device for the direction, information, warning, control

or restriction of traffic thereon,

shall be liable on summary conviction to a fine of not less than five

thousand dollars nor more than twenty thousand dollars.

(5) Any person who suffers any horse, mare, gelding, colt or filly,

any pony, mule or ass, whether male or female, any bull, cow, ox steer,

heifer or calf, any ram, ewe, sheep or lamb or any swine, goat or kid,

whether male or female, owned by him or under his control to graze,

stray or be tethered on any council road, shall be liable on summary

conviction to a fine of not less than five thousand dollars nor more than

twenty thousand dollars.

Removal of

injurious

things.

280. A council may cause to be removed from a council road any

structure, device, construction material or anything calculated to be

injurious to users of the road.

LAWS OF GUYANA


Water Supplies

281. (1) The Town Council shall provide the Town with a supply of

water proper and sufficient for sanitary and domestic purposes, for

extinguishing fires and for private use.

(2) The Council may construct, lay down and maintain

waterworks and may do and execute all works, matters and things

necessary for and incidental to the purposes of this section.

(3) The Council shall provide and keep in any waterworks

constructed or laid down by it a supply of pure and wholesome water and

the water so supplied shall be constantly laid on at a pressure sufficient

to convey it to the top storey of the highest dwelling-house within the

Town or at such other suitable pressure as may be directed by the

council.

282. (1) Every property in the Town shall be connected with the

nearest water main in the streets of the Town by means of a service pipe

on which there shall be placed at least one tap.

(2) The connection shall be for the purpose of effecting a

continuous water supply to every property from the waterworks, and

shall at all times be kept in such a proper condition, either by renewal of

the service pipe or otherwise, as to secure that supply efficiently, and the

supply thereby shall be at all times continuous if it is available from the

waterworks.

(3) If any property is without a connection, the council shall have

power to make the connection.

(4) Whenever a connection has been made but has, at any time

and from any cause whatever become defective, the council shall have

power to put that connection in proper and serviceable condition.

(5) Whenever there is a failure to have a supply of water to any

property by means of a connection, the council shall have power to

provide a supply of water to the property.

Town Council

to supply

water to

Town.

Duty to

provide

connections.

[4 of 1994]

LAWS OF GUYANA


(6) The Council shall have the exclusive right to make any

connection, and any renewal thereof, and all repairs thereto, at any time

found necessary.

(7) The cost of making a connection, any renewal thereof and all

necessary repairs thereto, shall be a charge on the property to which the

connection, renewal or repairs has or have been made, and the property

shall be liable and leviable therefor.

(8) The cost of the service pipes and other materials shall be

borne by the council up to the boundaries of the properties and the further

cost thereof for the additional works on the properties shall be done at

the expense of the owners and be a charge against the properties.

(9) The Minister may, by order, exempt the Town Council from

any of the duties imposed upon it by section 281 and this section.

Power of

council in

certain cases to

supply water.

[3 of 1972

25 of 1973]

c. 55:01

Charges; water

rates.

[3 of 1972

17 of 1988

4 of 1994]

283. (1) A council may, if authorised so to do by the Guyana Water

Authority under the Guyana Water Authority Act, provide its council

area or any part thereof with a supply of water proper and sufficient for

sanitary and domestic purposes, for extinguishing fires and for private

use; and may, if authorised so to do by the Guyana Water Authority,

construct, lay down and maintain waterworks or purchase water in bulk

for distribution within the council area or part thereof.

(2) A council may do and execute all works, matters and things

necessary for or incidental to the purposes so authorised.

284. (1) A council may make such charges and impose such

conditions of service for supply of water as it may fix; and may by

resolution make and levy a water rate upon the assessed value of all

properties supplied with water in its council area.

(2) A council shall cause every resolution to make and levy a

water rate to be published and any such rate shall be demanded and be

payable and recoverable and preferent in the same manner as a general

rate.

LAWS OF GUYANA


(3) A council may give a discount not exceeding ten per cent on

rates due in respect of water when the whole of such rates is paid within

such period prior to the due date for payment thereof as may be fixed

by the council from time to time.

(4) In this and sections 283 and 285, the word “council” does not

include the City Council or a council whose district is supplied with water

by or on behalf of the Guyana Water Authority in exercise of their

functions under the Guyana Water Authority Act.

285. Without prejudice to the institution of any legal proceedings for

recovery of a water rate, a council may cut off the supply of water from

any property in respect of which there has been default in payment of

such rate and make any disconnection necessary for the purpose.

286. Any person who—

(a) wilfully or negligently breaks, injures or opens any lock,

cock, pipe, waterworks or other work constructed or

maintained for the supply of water under this Part;

(b) without lawful authority flushes, draws off, diverts or

takes water from any waterworks or other work constructed

or maintained for the supply of water under this Part, or from

any water, creek or stream whereby the waterworks are

supplied;

(c) wilfully or negligently wastes or causes to be wasted any

water with which he is supplied by a council;

(d) bathes in any stream, reservoir, conduit, aqueduct or

other water works, constructed or maintained for the supply

of water under this Part, or washes, cleanses, throws or

causes to enter therein any animal, rubbish, filth, stuff or thing

of any kind whatsoever or causes, or permits, or suffers to run

or to be brought therein, the water or any sink, sewer, drain,

engine or boiler, or other filthy, unwholesome, or improper

water, or does anything whatsoever whereby any water

belonging to a council or under its management or control, or

whereby any water contained in any reservoir, conduit,

aqueduct, or other waterworks constructed or maintained as

aforesaid is fouled,

c. 55:01

Disconnection

on default of

payment.

Offences in

connection

with water

supply.

[27 of 1997]

LAWS OF GUYANA


shall be liable on summary conviction to a fine of five thousand dollars

and a further fine of two thousand five hundred dollars for each day on

which the offence continues after notice served upon him by the council.

Control of Animals

Power of

councils to

control

keeping of

animals.

Power of

council to

establish

pounds.

Impounding of

stray animals

found on

private

property.

Impounding of

stray animals

found in public

places.

287. A council may prohibit, restrict or regulate the keeping or

movement of animals in any part of its council area.

288. (1) A council may establish, erect, maintain and control pounds.

(2) A council pound shall be under the control and

superintendence of the council.

(3) There shall be for each council pound a pound-keeper and

such deputy or assistant pound-keeper as the council may consider

necessary for the efficient control of the pound.

(4) All poundage moneys, fines, penalties, proceeds of sales and

other sums of money payable in respect of a council pound shall be paid

by the person receiving them to the treasurer of the council for the credit

of the general rate fund.

289. Any animal to which this section applies which strays on private

property may be detained and taken by the owner or occupier of such

property, or by any person authorised in writing by such owner or

occupier, to a council pound, and for so doing he shall receive from the

pound-keeper such sum by way of reward as may be prescribed by by-

law of the council.

290. Any animal to which this section applies which strays on any

public road, council road, drainage work vested in the council or other

public place may be taken by any member of the Police Force or of a

town or rural constabulary, any local government officer or by any

person authorised in writing by the clerk of the council to a council pound.

LAWS OF GUYANA


291. The pound-keeper shall before delivering an impounded animal

demand and receive from the person claiming the animal—

(a) poundage money of an amount prescribed by by-law of

the council;

(b) such sums as may be prescribed by by-law of the council

for feeding the animal;

(c) any sum by way of reward paid by the pound-keeper

under section 289.

292. A pound-keeper shall—

(a) be constantly on duty to receive animals brought to the

council pound at any time and to deliver them between the

hours of six o‟clock in the forenoon and six o‟clock in the

afternoon;

(b) keep a record and description of animals received and

delivered and of moneys received and paid, which record

shall be in such form and contain such particulars as may be

required by the council; and such record shall be open to

public inspection at all reasonable times;

(c) procure for, furnish and give to each animal in the council

pound sufficient quantity of food, grass and water daily;

(d) publish once every week a correct list and description of

animals in the council pound;

(e) account every month to the treasurer of the council for

all moneys received and paid.

(2) Any pound-keeper who contravenes any of the provisions of

this section shall be liable on summary conviction to a fine of six thousand

five hundred dollars.

293. A pound-keeper who—

(a) hires out, lets, uses, works or employs any impounded

animal;

(b) permits any impounded animal to be taken out of the

council pound without lawful authority;

(c) suffers any impounded animal to be ill-used or injured,

Poundage

moneys.

Duties of

pound-keeper.

[6 of 1997]

Offences by

pound-keeper.

[27 of 1997]

LAWS OF GUYANA


shall be liable on summary conviction to a fine of ten thousand dollars.

Sale of

impounded

animals.

[27 of 1997]

Miscellaneous

offences.

[27 of 1997]

294. (1) Any impounded animal which is not redeemed within one

week may be sold.

(2) The pound-keeper shall publish a notice of sale upon a board

placed in a conspicuous position near the council pound of all impounded

animals which have not been redeemed within a week of impounding for

a period of not less than seven days before the sale.

(3) The sale shall take place between the hours of eleven o‟clock

in the forenoon and three o‟clock in the afternoon of the day specified

in the advertisement and notice of sale.

(4) If a pound-keeper either directly or indirectly purchases any

animal sold out of a council pound, the purchase shall be void and the

pound-keeper shall be liable on summary conviction to fine of ten

thousand dollars.

(5) Any impounded animal duly advertised and put up for sale and

not sold may be destroyed by the pound-keeper.

(6) If any person proves to the satisfaction of the treasurer of the

council, within three months after the sale of an impounded animal, that

he was the owner thereof, he shall be paid by the treasurer the balance

of the proceeds of sale.

295. (1) Any person who with a view to impounding an animal—

(a) unlawfully breaks any fence or enclosure;

(b) takes or drives an animal from private property of which

he is neither the owner nor occupier nor a person authorised

pursuant to section 289 by the owner or occupier,



(a) releases or attempts to release an animal—

LAWS OF GUYANA


(i) taken for the purpose of being impounded whilst on

the way to a council pound;

(ii) from a council pound before it is duly redeemed;

(b) damages or destroys a council pound, or any lock or bolt

thereof;

(c) when taking an animal to a council pound rides or in any

way beats or ill-uses such animal;

(d) takes an animal to a council pound other than by the

shortest convenient route;

(e) having detained an animal with a view to impounding it

unnecessarily delays in taking it to the nearest pound, whether

to a council pound or a pound established under the Pounds

Act,

shall be liable on summary conviction to a fine of ten thousand dollars.

296. Sections 289 and 290 apply to the following animals, namely, any

horse, mare, gelding, colt or filly, any pony, mule or ass, whether male

or female, any bull, cow, ox, steer, heifer or calf, any ram, ewe, sheep

or lamb, and any goat or kid, whether male or female.

297. No cattle brought by water to the City or the Town shall be landed

except at the places specified in any by-law relating to those cattle or

where the City Council or the Town Council, subject to any terms or

conditions such council thinks fit to impose, specially allows.

Burial Grounds

298. A council shall have power, subject to section 64 of the Public

Health Ordinance to establish, maintain and control burial grounds,

cemeteries and crematoria (hereinafter collectively referred to as

“public burial grounds”).

299. (1) No person shall establish a burial ground, cemetery or

crematorium in any council area without the consent of the council

thereof, and no person shall, without such consent, bury or inter or cause

c. 71:04

Animals which

may be

impounded.

Landing of

cattle at City

and Town.

Power of

council to

establish burial

grounds.

Cap. 145.

1953 Ed.

Unlawful

interment.

LAWS OF GUYANA


to be buried or interred any corpse within the council area save at a public

burial ground; and any person who contravenes any of the provisions of

this section shall be guilty of an offence.

(2) A council shall have power to exhume any corpse buried or

interred in contravention of this section and to remove it to a public burial

ground and to recover the cost as a debt due to the council by the

offender.

(3) The powers of a council under subsection (2) shall be

exercised, in the case of the City Council under the supervision of the

Medical Officer of Health for the City and in the case of the Town

Council or of a district council under the supervision of a Government

Medical Officer.

(4) In any proceedings for the recovery of any cost incurred

pursuant to subsection (2), the signature of the clerk subscribed to any

document containing a statement of the amount claimed shall without

proof of the signature or of any other matter or thing, be deemed prima

facie evidence that that amount is payable.

Sub-division of Land

Restriction

upon sub-

division

c. 20:01

300. (1) A council may by by-law prohibit or restrict the sub-division

and reduction in size of parcels of land and the separate occupancy of

portions of plots of land within its council area or any part thereof:

Provided that no such by-law shall be inconsistent with the provision

of any scheme as defined by section 2 of the Town and Country Planning

Act in force in any area to which such by-law applies.

(2) Any transport, sale or other instrument purporting to sub-

divide or reduce in size any parcel of land in contravention of a by-law

made pursuant to this section shall be void and any agreement purporting

to provide for the separate occupancy of a portion of any parcel in

contravention of such by-law shall likewise be void.

LAWS OF GUYANA


(3) Notwithstanding this section the Minister may permit the sub-

division and reduction in size of any parcel of land to such extent as he

may think fit, and in such a case any transport, sale or other instrument

effected in respect of such land shall be good and proper.

301. (1) No transport shall be passed for any parcel of land in a council

area, except upon production to the Register of Deeds or Judge of a

certificate signed by the clerk of the council that the provisions of section

300 will not thereby be contravened.

(2) Neither the Official Receiver nor the Registrar may sell any

portion of a lot less than a whole lot unless he is first supplied with the

certificate of the clerk, which shall be supplied to the Registrar by the

judgment creditor.

(3) Any person desiring to sell or to purchase any plot within a

council area may at any time obtain a certificate of the clerk thereof.

(4) For each certificate required in the terms of this section a fee

of sixty-five dollars shall be paid.

(5) Any person dissatisfied with the refusal of the clerk to issue

a certificate under this section may apply to a Judge in the manner

prescribed by rules of court, made under the High Court Act, for an order

to compel him so to do.

Miscellaneous Powers of Councils

302. The City Council and the Town Council shall each have power

to do all or any of the following things:

(1) to acquire, hire, erect, furnish, maintain and keep in repair

such offices and buildings as may be required for the purpose of

transacting the business of the council and for public meetings and

assemblies;

Certificate of

clerk.

[6 of 1997]

c. 3:02

Powers of

City Council

and Town

Council.

Council

buildings.

LAWS OF GUYANA


Residences for

local govern-

ment officers.

c. 36:02

Houses for

necessitous

persons.

Hostels.

Social centres.

Institutions for

infants.

Recreation

grounds.

(2) to acquire, hire, erect, furnish and maintain houses and other

buildings as residences for local government officers in its service and

to charge reasonable rents or fees for the tenancy or other occupation

thereof;

(3) Subject to the provisions of the Poor Relief Act to establish,

maintain and control either by themselves or jointly with any other

authority, houses for necessitous persons;

(4) to establish, erect, equip, maintain and carry on hostels for

accommodating and caring for young and aged persons;

(5) to establish, equip, maintain and control either by itself or

jointly with any other authority or association, social and community

development centres for the inhabitants of the City or the Town and to

make grants of money towards the establishment, equipment and

maintenance of such centres in the City or the Town and to any

organisation or association established for the advancement of religion,

education and social welfare;

(6) to establish, erect, maintain and carry on or assist institutions,

day nurseries or clinics for the care and welfare of infants, and to make

provision for suitable instruction being imparted to expectant mothers

and to the mothers of infants;

(7)(a) to establish, maintain and control recreation and sports

grounds (including swimming pools), theatres and promenade

gardens, in parks, open spaces and on any other land vested in the

council;

(b) to establish, maintain and control in connection with

recreation and sports grounds and theatres such buildings or

conveniences of any nature and for such purposes as the council

may consider to be necessary or convenient;

(c) to set aside any portion of any recreation or sports ground

for the purpose of any particular game or recreation; and to

exclude the public from the portion so set apart;

(d) to establish, maintain and control refreshment rooms,

cafes and restaurants in or adjacent to recreation or sports

ground or theatre;

LAWS OF GUYANA


(e) to let any recreation or sports ground or theatre or building

or apparatus established or provided in connection therewith to

any person or club or other body of persons;

(8) to establish, erect, maintain and carry on communal feeding

centres;

(9) to establish and maintain camping grounds;

(10) to establish, erect, maintain and carry on information centres

and inquiry bureaux;

(11) to establish and maintain fire services and ambulances;

(12) to make grants of money to necessitous persons and to

authorities or associations of persons established for their relief;

(13) subject to the provisions of the Education Act and the Public

Health Ordinance to establish, erect, equip, maintain and manage

schools and educational institutions, libraries, museums, art galleries and

botanical and zoological gardens and to make grants of money towards

their establishment and maintenance, and in the case of the City Council

to the National Library;

(14) to grant scholarships to any school or educational institution

within the City or the Town to make grants of money to any scholarship

fund established by any other authority or association, and to provide

bursaries to assist persons resident in the City or the Town in educating

and maintaining their children at any school within or without the City or

the Town;

(15) to promote within the City or the Town the encouragement

and improvement of agriculture (which expression shall include all forms

of animal husbandry, poultry farming and crop raising) arts, crafts and

handicrafts, and to make grants of money therefor;

Communal

feeding

centres.

Camping

grounds.

Information

centres.

Fire service

and ambu-

lances.

Relief of

necessitous

persons.

Educational

Institutions.

c. 39:01

Cap. 145

1953 Ed.

Scholarships

and bursaries.

Agriculture,

arts and crafts.

LAWS OF GUYANA


Education.

Bands.

Adornment of

public places.

c. 20:01

Trees and

flowers in

public places.

Overhanging

trees.

Dangerous

buildings.

Style of

buildings.

Marking of

boundaries.

(16) generally to make provision for and to promote the education

of all, or any category of persons, resident within the City or the Town;

(17) to establish, maintain, control and contribute to bands for

musical performances in public places and at public functions and

generally to provide musical entertainment in such places and at such

functions;

(18) subject to the Town and Country Planning Act, to lay out and

adorn any public place by architectural scheme or ornamentation

including the erection of statues, fountains and other structures;

(19) to plant, trim, preserve or remove trees, flowers and shrubs

in any public place;

(20) to require the owner of any tree overhanging any public road,

council road in the City or the Town or drainage work in the council

drainage area in such a manner as may cause injury to the road or

drainage work, or as may endanger the safety of the inhabitants, or

overhanging the boundary between two lots, to cause the tree to be cut

down or pruned, or anything dangerous to be removed therefrom in the

manner and within the time directed by the council by notice in writing

under the hand of its Town Clerk served upon the owner; and if the

owner fails to comply with the notice to authorise by writing under the

hand of its Town Clerk any person to enter upon the land where the tree

is growing and cause it to be cut down or pruned, or anything dangerous

to be removed therefrom, in accordance with the notice, and the cost of

so doing shall be recoverable from the owner;

(21) to safeguard, demolish and remove dangerous buildings and

to remove obstructions from public roads and council roads;

(22) to regulate the number, dimensions and general character

and style of buildings to be erected in different portions of the City or the

Town, and any other matter connected with the erection of buildings;

(23) to require and regulate the marking of boundaries and the

fencing of lots and to require open spaces to be left on lots;

LAWS OF GUYANA


(24) to control public places;

(25) to prohibit trespass in alleyways and the encumbering of

public and council roads and the parapets thereof and of pavements;

(26) to supervise, control and regulate hackney carriages and

carts plying for hire and the drivers thereof;

(27) to charge tolls for bateaux, punts and other craft passing

through any trenches, aqueducts or kokers under the control of the

council and for vehicles, agricultural machinery and animals using the

roads and dams within the boundaries of its council area and to prohibit

or regulate and control fishing and the mooring of bateaux, punts and

other craft in any of the trenches or aqueducts under the control of the

council;

(28) to regulate the grazing of animals and cutting of wood on

land vested in the council and to fix fees to be paid therefor;

(29) to make grants of money to any association of local

authorities;

(30) to advertise and give publicity to the attractions of the

municipality;

(31) subject to the provisions of the Public Health Ordinance—

(a) to establish, maintain and carry out sanitary services for

the removal and destruction of, or otherwise dealing with, all

kinds of refuse and effluent;

(b) to establish, erect, maintain and control public lavatories,

closets and urinals and employ attendants thereof;

(c) to establish, maintain and control public baths and wash-

houses;

Control of

public places.

Trespass in

alleyways.

Hackney

carriages.

Regulation of

craft.

Grazing of

animals and

cutting of

wood.

Grants to

associations of

local authori-

ties. Publicity. Public Health

services.

Cap. 145

1953 Ed.

Sanitary.

Public

lavatories.

Wash-houses.

LAWS OF GUYANA


Markets.

Slaughter-

houses.

Dispensaries

and health

centres.

Regulation of

trades and

erection of

machinery.

Housing.

Cap. 145

1953 Ed.

c. 20:01

c. 36:20

(d) to establish, erect, maintain, let, control and manage

markets and market buildings, shops, stalls and stands and to

control the occupation thereof;

(e) to establish, erect, maintain and control slaughterhouses

and abattoirs;

(f) to establish, maintain and control, either by itself or jointly

with any other authority or association, hospitals, dispensaries

and health centres; and to make grants of money towards the

establishment and maintenance of hospitals, dispensaries and

health centres and to any voluntary association or institution

for the promotion of public health and welfare;

(g) to regulate the mode and place in which any trade or

manufacture may be carried on within the City or the Town

and to prescribe the conditions under which machinery may,

with the consent of the council, be erected in the City or the

Town.

(32) subject to the provisions of the Public Health Ordinance, the

Town and Country Planning Act and of the Housing Act—

(a) to lay out building plots or otherwise subdivide any land

vested in the council for the purpose of housing schemes for

the inhabitants of the City or the Town;

(b) to erect and maintain dwelling-houses with their

appurtenant outbuildings on such plots or sub-divisions of

land;

(c) to convert buildings into dwelling-houses and to alter,

enlarge, repair and improve the same;

(d) to let any dwelling-house erected or provided by it and

to charge reasonable rents or fees for the tenancy or

occupation thereof;

(e) to sell any dwelling-house erected or provided by it to a

person undertaking to reside therein and to recover the

purchase price thereof by instalments;

(f) to sell, let or otherwise dispose of any plot or sub-division

of land to any person for the purpose and under the condition

that that person will erect and maintain thereon a dwelling-

house for his own occupation;

LAWS OF GUYANA


(g) to sell, let or otherwise dispose of land to any person for

the purpose and under the condition that that person will erect

and maintain thereon such number of houses as may be

determined by the Central Housing and Planning Authority in

accordance with plans approved by that authority;

(33) subject to the provisions of any law relating to electricity and

electric lighting, to light streets and other public places and maintain

lamps for that purpose;

(34) to establish, maintain and control such industrial enterprises

and trading services for which no specific provision is made in this

section as may be authorised by the Minister;

(35) to prescribe fees and charges and to issue licences or

permits (which may be subject to conditions) in respect of the doing of

anything which the council is entitled to establish, maintain, control or

carry on and to remit any such fees or charges and to vary or revoke any

such licence or permit;

(36) to incur all expenditure necessary for the performance of its

functions (whether functions arising from this section or otherwise) and

for the doing of all things incidental thereto;

(37) to establish, erect and maintain stellings and landing places

and to control, regulate and charge tolls for the use thereof.

303. A town council or a district council shall have power to do such

of the things set forth in section 302 as it may be authorised by the

constitution order of its town or district to do; and references in section

302 to the City Council and the Town Council shall be construed as

references to the town council or district council, as the case may be,

references to the City and the Town as references to the town or district,

as the case may be, and references to the Town Clerk as references to

the chief executive officer.

Street lighting.

Industrial

enterprises and

trading

services. Fees, charges

and licences.

Expenditure. Stellings and

landing places.

Powers of

town councils

and district

councils.

[25 of 1973]

LAWS OF GUYANA


PART X

BY-LAWS

Power to make

by-laws.

[25 of 1973

3 of 1982

27 of 1997]

304. (1) A council may make by-laws for the good rule and

government of the whole or any part of the council area and without

prejudice to the generality of the foregoing may make by-laws for the

whole or any part of the area in respect of all or any of the following

purposes—

(a) for regulating any of the things which the council is

empowered to do, establish, maintain, carry on, control,

manage or regulate and for prescribing fees and charges and

licences and permits (including the conditions thereof), in

respect of any such things;

(b) for protecting from damage or interference any council

road, works or property of the council situated or being in,

under or over any public place or other place within the

council area.

(2) By-laws may impose on persons offending against them

penalties of fines, not exceeding one hundred thousand dollars or of

imprisonment for a term of not more than three months for any offence,

and in the case of a continuing offence a further fine not exceeding two

thousand five hundred dollars for each day during which the offence

continues after notice thereof has been served by the council on the

offender.

(3) By-laws may provide for the recovery by the Council from

any offender in addition to any penalty imposed under subsection (2) or

from the proceeds of any sale by the council in consequence of a breach

of such by-laws, of the expenses incurred by the council in consequence

of a breach of any by-law and the exercise by the Council of its powers

to ensure compliance with any such by-law.

(4) By-laws may authorise any member of the Police Force or

any local government officer in the service of the council to enter and

inspect at all reasonable times any premises or place for the purposes

of such by-laws.

LAWS OF GUYANA


305. (1) By-laws made by a Council shall be under the common seal

of the council and shall be submitted to the Minister for approval.

(2) At least fourteen days before application for approval of the

by-laws is made, notice of the intention to apply for confirmation shall

be published.

(3) For at least fourteen days before application for approval is

made, a copy of the by-laws shall be deposited at the offices of the

council, and shall at all reasonable hours be open to public inspection

without payment.

(4) The council shall, on application, furnish to any person a copy

of the by-laws, or of any part thereof, on payment of such reasonable

sum, as the council may determine.

(5) All by-laws submitted to the Minister for approval shall be

accompanied by—

(a) a copy of the minutes or other record of the meeting of

the council at which they were adopted;

(b) a certificate by the clerk that subsections (2), (3) and (4)

have been complied with;

(c) copies of any objection to the adoption of the by-laws

which has been lodged in writing with the clerk or if no such

objection has been lodged, a certificate by the clerk to that

effect.

(6) The Minister may approve, with or without amendment, or

reject any by-law submitted to him.

(7) No by-law shall have the force of law until it has been

approved, with or without amendment thereof, by the Minister.

(8) A copy of by-laws which have been approved shall be

deposited at the office of the clerk of the council and shall at all

reasonable hours be open to public inspection without payment and a

copy thereof shall be furnished to any person applying therefor on

payment of such reasonable sum, as the council may determine.

Procedure.

[27 of 1997]

LAWS OF GUYANA


PART XI

MISCELLANEOUS

Default of

powers.

306. (1) If the Minister is satisfied upon inquiry held by him that—

(a) a council has exceeded or abused its powers or has

made default in the performance of any duty imposed upon it;

(b) the council has failed to achieve or maintain a reasonable

standard of efficiency and progress in the discharge of its

functions;

(c) the expenditure of the council has generally or on any

particular head of expenditure been excessive or

unreasonable, having regard to its financial resources and

other relevant circumstances of the council area; or

(d) the council has failed to observe any financial

instructions,

he may by order, declare the council to be in default and either—

(i) direct the council to perform any of its functions in a

manner and within a time specified in the order, or

(ii) transfer to such person or persons as he may deem

fit such of the functions of the council as may be specified

in the order, and such person or persons shall exercise and

perform all powers and duties of the council in relation to the

functions transferred, or

(iii) dissolve the council, or suspend the council for such

time as he may think fit from the performance of such of its

functions as may be specified.

(2) The Minister may by a subsequent order, vary any directions

contained in an order made under subsection (1).

(3) Where the Minister dissolves a council or suspends the

council from the performance of any of its functions under this section

he may by order transfer to such person or persons as he may deem fit

LAWS OF GUYANA


such of the functions of the council as may be specified in the order, and

such person or persons shall exercise and perform all powers and duties

of the council in relation to the functions transferred.

(4) Where any function of a council is transferred to any person

or persons under subsections (1) and (3), the expenses incurred in

connection with any inquiry or the exercise by such person or persons

in discharging that function, shall be a debt due from the council to the

Government and be charged upon the assets of the council.

(5) Where the Minister dissolves a council under this section, he

shall, when he deems fit, by order appoint—

(a) a day for the election of the councillors and prescribe the

term of office of the councillors so elected;

(b) a day for the election of the Mayor and Deputy Mayor

or of the chairman and vice-chairman, as the case may

require, and prescribe their terms of office.

307. Subject to negative resolution of the National Assembly, the

Minister may make regulations for giving effect to this Act and anything

which is to be prescribed in pursuance of this Act shall, unless the

context otherwise requires, be prescribed by such regulations.

308. The Minister may at any time order that a local inquiry be held into

any matter and such inquiry shall be held in accordance with the

provisions of the Eighth Schedule.

309. When any oath is required to be taken by or under this Act, every

person permitted by law to make a solemn affirmation or declaration

may, instead of taking an oath, make a solemn declaration in the form

of such oath, substituting the words “solemnly, sincerely and truly

declare and affirm” for the word “swear” and omitting the words “So

help me God”.

310. Notwithstanding the provisions of any other law, all declarations

under this Act shall be exempt from stamp duty.

Regulations.

Local inquiry.

Eight Schedule.

Affirmation. Exemption

from stamp

duty.

LAWS OF GUYANA


Publication of

notices.

Service of

documents.

Penalty for

destroying

notices.

[27 of 1997]

311. Except as otherwise provided, where any notice is required to be

published under this Act or any by-laws made thereunder, the notice

shall be published by affixing it to the offices of the council, and it may

also be published in such other manner, if any, as is, in the opinion of the

council, expedient to give publicity thereto.

312. (1) Any notice or other document, required or authorised to be

given or served on any person under this Act may be given or served

either—

(a) by delivering it to the person; or

(b) by leaving it at the usual or last known residence of that

person, or in the case of a company, at its registered office or

by delivering it or forwarding it by registered post addressed

to that person at his office; or

(c) by forwarding it by registered post addressed to that

person at his usual or last known residence, or in the case of

a company, at its registered office; or

(d) by delivering it to some person at the premises to which

it relates or if there is no person on the premises to whom it

can be so delivered, then by affixing it to some conspicuous

part of the premises; or

(e) without prejudice to the foregoing provisions of this

subsection, where the property to which the notice or other

document is to be sent is a place of business of the person to

or on whom it is to be given or served, by leaving it or

forwarding it by registered post addressed to that person at

the said place of business.

(2) Any notice or other document required or authorised to be

given to or served on any council, shall be duly given or served if

delivered at, or sent by registered post to, the office of the council

addressed to its clerk.

313. Any person who destroys, tampers or otherwise interferes

with—

LAWS OF GUYANA


(a) any board on or to which any notice or other matter is

posted by a council or by any person in pursuance of powers

under this Act;

(b) any advertisement, placard, bill or notice posted up on

such board,

shall be liable on summary conviction to a fine of five thousand dollars.

314. (1) Save as otherwise expressly provided, all offences against

this Act shall be prosecuted under the Summary Jurisdiction Acts.

(2) A person guilty of an offence against this Act for which no

special penalty is provided, shall be liable on conviction to a fine of ten

thousand dollars or to imprisonment for six months.

315. (1) A council may authorise any of the local government officers

in its service either generally or in respect of any particular matter to

institute or defend, on its behalf, any legal proceedings or to appear

therein on its behalf

(2) Proceedings under this section shall be instituted in the name

of the council.

(3) The provisions of the Limitation Act and the Title to Land

(Prescription and Limitation) Act shall not, in so far as they prescribe a

period of limitation within which a sum of money may be recovered,

apply to a claim for a sum of money by a council and whether or not such

sum would have been irrecoverable prior to the enactment of this

subsection by virtue of either of the said enactments.

(4) Where by virtue of subsection (3) a sum of money is claimed

as rates due in respect of property from the owner thereof for a period

during which he was not the owner of the property any sum of money

paid by him in satisfaction of that claim shall, subject to any agreement

to the contrary, be deemed to be money paid by him at the request of the

person who was the owner during the said period.

Prosecutions

and penalties.

[27 of 1997]

Appearance of

council in legal

proceedngs.

[25 of 1973]

c. 7:02

c 60:02

LAWS OF GUYANA


Name of

council need

not be proved.

Notice of

proceedings.

Protection

from personal

liability.

Execution of

transports by

council.

Management

of undivided

property.

316. In any proceedings instituted by or against a council, it shall not

be necessary to prove the corporate name of the council or the

constitution or limits of its council area.

317. Before any civil proceedings are instituted against a council,

notice thereof shall be given to the council not less than thirty days prior

to the institution of proceedings and no such proceedings shall be brought

unless commenced within six months next after the day on which the

cause of action arose.

318. No matter or thing done and no contract entered into by a council

or other person whomsoever acting under the direction of such council

and no matter or thing done by any member of such council or by any

local government officer in the service of such council, shall, if the matter

or thing were done or the contract were entered into bona fide for the

purpose of performing the functions of such council or of such member

or of such local government officer, subject them or any of them

personally to any action, liability, claim or demand whatsoever; and any

expense incurred by any such council, member, local government

officer or other person so acting shall be borne and repaid by the council:

Provided that nothing in this section shall exempt any member of any

such council or any such local government officer from liability to be

surcharged with the amount of any payment which may be disallowed

by the auditor in the accounts of such council and which such member

or such local government officer authorised or joined in authorising.

319. Whenever a council purchases or sells any immovable property,

the transport shall be passed either to or by the council, as the case may

be, and the clerk of the council shall execute the transport by signing his

name and official description and affixing the common seal of the council

thereon.

320. All undivided lands in every council area, except private lands

held in joint ownership or ownership in common, shall be under the

control and management of the council.

LAWS OF GUYANA


321. (1) A council may let to any person by monthly or yearly tenancy

or for a term of years, and at such rent as may be determined by the

council any undivided lands, not being dams, under the control and

management of the council.

(2) Where the letting is for a term of years it shall not be

enforceable against the council unless the agreement to let is in writing

and unless it is signed by the clerk and there is affixed thereon the

common seal of the council.

(3) All persons occupying any undivided lands for the time being

under the control and management of the council shall pay to the

treasurer thereof the rent determined by the council.

(4) All arrears of rent may be recovered—

(a) by an action against the person liable for the payment

thereof;

(b) by warrant of distress in the same manner as is provided

in this Act in respect of arrears of a general rate.

(5) The clerk of the council may, subject to an appeal to the

Minister, enter upon and take possession of all lands in respect of which

two months rent or more is due and payable, and take possession of and

dispose to the best advantage all crops, provisions and other things there

growing or being on the lands; and any surplus after such disposal shall

be handed over to the dispossessed tenant or occupier.

__________

FIRST SCHEDULE

BOUNDARIES OF THE CITY OF GEORGETOWN

All the area bounded on the north by the Atlantic Ocean, on the east

by the eastern boundary of the company path on the eastern side of

Plantations Cummings Lodge, Houston and Rome, on the south by the

southern boundary of Plantation Rome, and on the west by the

Demerara River.

Letting of

undivided

lands.

s. 7

LAWS OF GUYANA


ss. 18, 30, 44,

130

ss. 22 and 30

[17 of 1988

O. 12 of 1993]

SECOND SCHEDULE FORM

OF OATHS OF OFFICE

I,..............................................................................., do swear

(or solemnly affirm) that I will faithfully execute the office of...........

............................................................................................................

without fear or favour, affection or ill-will according to the best of my

judgment and ability.

So help me God (To be omitted in affirmation)

__________

THIRD SCHEDULE

FUNDS WHICH MAY BE PLACED AT THE

DISPOSAL OF THE MAYOR

PART I

THE MAYOR OF THE CITY OF GEORGETOWN

A sum not exceeding twenty-four thousand dollars per annum in

equal instalments payable at the end of each quarter year.

PART II

THE MAYOR OF THE TOWN OF NEW AMSTERDAM

A sum not exceeding twenty-four thousand dollars per annum in

equal instalments payable at the end of each quarter year.

___________

LAWS OF GUYANA


FOURTH SCHEDULE

BOUNDARIES OF THE TOWN OF NEW AMSTERDAM

All the area bounded on the north by the Canje River, on the east

by the eastern boundaries of Smythfield, Mount Sinai and Overwinning,

on the south by common boundaries between Overwinning, Providence

and Glasgow with New Doe Park and Doe Park, and on the west partly

by the western boundary of Glasgow and partly by the Berbice River.

__________

FIFTH SCHEDULE

STANDING COMMITTEES

PART I

THE CITY COUNCIL

City Works

Finance

Social Development

PART II

THE TOWN COUNCIL

Works

Finance

Social Development

__________

s. 28

s. 60

LAWS OF GUYANA


ss. 77 and 78 SIXTH SCHEDULE

POWERS, DUTIES AND RESPONSIBILITIES

OF CERTAIN OFFICERS

PART I

THE CLERK

1. He shall be responsible for convening all meetings of the council

and its committees and for the preparation of agenda, minutes and

reports of such council and its committees.

2. (1) He shall advise the council and its committees on all matters

upon which his advice is necessary, including the standing orders and by-

laws thereof.

(2) If the council or any of its committees acts against or rejects

his advice, he shall be entitled to require that his advice be recorded in

the minutes.

3. He shall, either personally or by his nominee, attend all meetings

of the council and of its committees.

4. He shall advise the Mayor or chairman of the council, as the case

may be, on all matters appertaining to those offices.

5. Subject to any general directions which the council may give, he

shall have the charge and custody of, and be responsible for, all charters,

deeds, records and other documents belonging to the council which shall

be kept as the council may direct.

6. He shall have the duty of ensuring that the business of the council

is carried out with order, regularity and expedition in accordance with the

by-laws, resolutions and standing orders of the council.

7. He shall have the responsibility for the general correspondence

of the council.

LAWS OF GUYANA


8. Where any document is required as a necessary step in legal

proceedings on behalf of the council, he shall sign such document unless

any written law otherwise requires or authorises, or the council shall

have given the necessary authority to some other person for the purpose

of such proceedings.

9. He shall have the conduct of such negotiations on behalf of the

council as the council may require.

10. He shall have the responsibility for conveying decisions of the

council to local government officers in the service of the council relating

to their work and conduct.

11. He shall, where legally qualified so to do, give general legal advice

to the council, and whether legally qualified or not, to local government

officers in the service of the council on questions arising with regard to

their official duties and obligations.

PART II

THE TREASURER

1. He shall be the accountant, paymaster and collector and financial

adviser of the council.

2. He shall advise the council and its committees and sub-

committees on all matters on which his advice is necessary, including

financial orders or regulations and the standing orders and local

government legislation so far as financial matters are concerned. If the

council or any of its committees acts against or rejects his advice, he shall

be entitled to require that his advice be recorded in the minutes.

3. He shall attend, either personally or by his nominee, all meetings

of the finance committee of the council and other committees where

business with financial implications may be transacted.

4. He shall be responsible for the organisation of the finance

department and for the organisation of the financial arrangements in all

other departments of the council.

LAWS OF GUYANA


5. He shall be responsible to the council for the maintenance of the

council‟s accounting system and for the supervision of all the financial

records of the council, wherever kept.

6. He shall be responsible for the preparation of all financial returns

and reports required.

7. He shall supply promptly, in conjunction with other departments

where necessary, to the council, its committees and departments any

financial data they require for management of the council‟s business.

8. Where an internal audit is maintained by the council he shall be

responsible therefor and shall promptly report to the committee

concerned and to the finance committee any irregularities discovered in

the course of such internal audit.

9. He shall make arrangements for the verification of all accounts

for payment and for making all payments, including salaries, wages and

pensions.

10. He shall obtain from the local government officers concerned all

the information necessary for the proper examination of claims for

payment due from the council arising from any contract.

11. In accordance with the instructions of the council, he shall make

arrangements for the collection and recovery of moneys due to the

council and the handling, custody, security and banking of cash.

12. He shall be responsible for the ordering, control and issue of, and

for supplying all departments of the council with, all official receipt

forms, books, tickets, stores, requisitions and other documents

representing money or money‟s worth.

13. He shall be responsible for compiling the estimates of the council.

14. He shall report to the appropriate committee any overspending

and any unauthorised expenditure, and shall draw attention, to any

irregularity in respect of any proposed expenditure.

LAWS OF GUYANA


15. He shall manage, subject to the instructions of the finance

committee and the council, all funds of the council.

16. He shall ensure that moneys not required for the time being are

suitably invested.

17. He shall advise the finance committee on the raising of capital

funds.

18. He shall be responsible for all rating matters of the council and

for the collection of rates due to the council.

19. He shall direct and supervise the financial transactions of the

council with their bankers.

20. He shall carry out financial negotiations on behalf of the council

and assist in other negotiations when financial aspects are involved.

21. He shall give such financial evidence where appropriate as may

be required on behalf of the council.

22. He shall effect insurances for all departments of the council and

claims on insurance companies and recommend settlements.

23. He shall be responsible for the keeping of true accounts of all

moneys received and receivable and paid and payable by the council for

any charitable purpose of which the local authority may assume the

charge.

24. He shall, if required by the council, be responsible for the custody

and control of the stores of the council and, if not so required, shall be

responsible for prescribing the stores accounting procedure of the

council.

25. He shall prepare and submit to the finance committee of the

council a report on all proposals involving capital expenditure and on

other expenditure not provided for in the estimates of the current

financial year of the council and on any proposals involving a variation

in the income of the council.

LAWS OF GUYANA


s. 221 SEVENTH SCHEDULE

WARRANT OF DISTRESS

GUYANA

To ........................................................................and to all

other Town/Rural Constables.

WHEREAS application has been duly made to me by

.....................................................................................in and for

the ...................................................................Council for a

Warrant of Distress against the movable property upon or in...............

....................................... for the purpose of recovering the amount of

...............................due as rates from...............................................in

respect of .......................................with costs, and whereas the

duplicate or copy of the Notice with return of service thereof duly sworn

to before me, has been produced in the form of law—

s. 307

Appointment

of commission

and terms of

reference.

s. 308

Appointment

of commission

and terms of

This is, therefore, to require and command you to levy the said sum

of ........................................ with costs upon the said movable

property according to law.

Dated this ..................day of.............................. 19 ....................

(Signed)

Magistrate. District

_____________

EIGHTH SCHEDULE REGULATIONS

FOR THE HOLDING OF

LOCAL INQUIRIES

1. (1) Wherever a local inquiry is to be held under this Act, the

Minister shall appoint a commissioner for that purpose, and shall specify

the terms of reference of the inquiry.

LAWS OF GUYANA


(2) If the commissioner appointed becomes unable or unwilling

to act, or dies, the Minister may appoint another commissioner in his

place.

(3) The Minister may at any time alter the terms of reference of

the inquiry.

(4) Where the Minister exercises any power under this

regulation, notice thereof shall be published in the Gazette and in

accordance with section 311.

2. The commissioner shall, as soon as may be after his appointment

and before exercising any functions as such, take an oath or make an

affirmation that he will faithfully, fully, impartially and to the best of his

ability perform his duties in relation to the inquiry; and such oath or

affirmation shall be taken before a magistrate or justice of the peace, and

shall be deposited by the commissioner with the Minister.

3. The commissioner shall, before the commencement of the

inquiry, publish in accordance with section 311 notice of the time and

place of inquiry, and the notice shall state that any person shall have the

right to attend and give evidence at the inquiry.

4. Every inquiry shall be conducted in public, but the commissioner

shall nevertheless be entitled to exclude any person for the preservation

of order, or the due conduct of the inquiry.

5. The Minister may appoint a secretary to perform such duties in

connection with the inquiry as the commissioner may prescribe.

6. The commissioner shall submit his findings in writing to the

Minister together with a full statement of the proceedings of the inquiry,

and the reasons for his findings.

7. The commissioner may make such rules for the conduct and

management of the proceedings, and the hours and days and places for

sittings not inconsistent with his commission, as he may from time to time

think fit, and may from time to time adjourn for such time and to such

place as he may determine, subject only to the terms of his commission.

reference.

[6 of 1997]

Oaths.

Publication of

notice of

inquiry.

Inquiry to be

public.

Power to appoint a secretary.

Submission of

findings.

Rules for

regulating

proceedings.

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Power of

commissioner

to summons

and examine

witnesses and

privilege from

suit.

False evidence.

Attendance of

witnesses.

8. (1) The commissioner shall have the powers of a Judge to

summon witnesses, and to call for the production of books, plans and

documents, and to examine witnesses and parties concerned on oath;

and the commissioner shall not be liable in any action or suit for any

matter or thing done in good faith by him as commissioner.

(2) All summonses for the attendance of witnesses or other

persons, or the production of documents, shall be in the form of the

Appendix to these Regulations, and shall be signed by the commissioner;

and oaths may be administered by the commissioner or the secretary.

9. Any witness who wilfully gives false evidence in the inquiry shall

be guilty of perjury, and shall be liable to be prosecuted and punished

accordingly:

Provided that no proceedings shall be instituted without the authority

in writing of the Director of Public Prosecutions.

10. (1) All persons summoned to attend and give evidence or to

produce books, plans or documents, at the inquiry, shall be obliged to

obey the summons as fully in all respects as witnesses are obliged to

obey subpoenas issued from the Court, and shall be entitled to the like

expenses as if they had been summoned to attend the Court on a criminal

trial, if the same shall be allowed by the commissioner, but he may, if he

thinks fit, disallow the whole or part of such expenses in any case.

(2) Every person refusing or failing without sufficient cause to

attend at the time and place mentioned in the summons served on him,

and every person summoned and attending, but leaving the inquiry

without the permission of the commissioner, or refusing without

sufficient cause to answer, or to answer fully and satisfactorily to the

best of his knowledge and belief all questions put to him by or with the

concurrence of the commissioner, or refusing without sufficient cause

to produce any books, plans or documents in his possession, or under his

control, and mentioned or referred to in the summons served on him, and

every person who at any sitting of the inquiry wilfully insults the

commissioner or the secretary, or wilfully interrupts the proceedings of

LAWS OF GUYANA


the inquiry, may be summarily ordered by the commissioner to pay either

forthwith or within a specified time a fine not exceeding six thousand five

hundred dollars, recoverable under the Summary Jurisdiction Acts.

(3) Any person giving evidence at the inquiry may refuse to

answer any question which may incriminate him and every such person

shall, in respect of any evidence given by him before the commissioner,

be entitled to all privileges to which a witness giving evidence before the

Court is entitled in respect of evidence given by him before that Court.

11. Any person who is in any way implicated or concerned in the

matter under inquiry shall be entitled to be represented by counsel or

solicitor at the inquiry.

12. The Commissioner of Police shall, upon the request of the

Minister, detail constables to attend upon the commissioner, to preserve

order during the inquiry and to perform such other duties as usually

pertain to their office when in attendance upon the Court.

13. (1) The Minister may direct what remuneration, if any, shall be

paid to the commissioner and to the secretary, and to any other person

employed in or about the inquiry.

(2) The expenses incurred under this regulation together with

any expenses paid to witnesses under regulation 10 and any other costs

incurred by the commission in the holding of the inquiry, shall be paid by

the council concerned in or affected by the inquiry.

__________

APPENDIX

SUMMONS TO WITNESS

To ................................................................................................

You are hereby summoned to appear before ...................................

.................................................................appointed by the Minister

of Local Government to inquire.......................................................

Appearance of

counsel.

Preservation of

order.

Expenses.

reg. 8(2)

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at ............................................ upon the .............................. day of

......................................l9...............at ...................... o‟clock in the

fore/afternoon, and to give evidence respecting such inquiry.

You are required to bring with you ..................................................

.....................................................................................................

Therefore fail not at your peril.

Dated this. ...................................day of............................l9...

Given under the hand of ..........................................................

(Commissioner)

_________

municipal and district councils cap. 28:01 3 · chapter 28:01 municipal and district councils act...

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